Legislature(2001 - 2002)

2001-02-12 House Journal

Full Journal pdf

2001-02-12                     House Journal                      Page 0295
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Monday              February 12, 2001                             
                                                                                                    
                           Thirty-sixth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 11:06 a.m.                                                                                
                                                                                                    
Roll call showed 37 members present.  Representatives Cissna and                                    
McGuire had been previously excused from a call of the House today.                                 
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
previous excused absence for Representative Croft (page 233) be                                     
extended to 9:30 p.m., plane time, today.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
The invocation was offered by the Chaplain, Beverly Smith of the                                    
Christian Science Church.  Representative Hudson moved and asked                                    
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it appears below:                                                               
                                                                                                    
    Ye are my witnesses, saith the Lord, and my servant whom I                                      
    have chosen…  Isaiah 43:10                                                                      
                                                                                                    
    We thank You, our Father-Mother God, for the opportunity to                                     
    serve You, and the people of this great state.                                                  
                                                                                                    
    We are witnesses to Your righteous government and loving                                        
    care for all.  In our service we humbly pray to follow Your                                     
    guidance, understand Your will, and act according to Your                                       
    direction.  We trust Your infinite wisdom to provide the right                                  
    course of action which blesses everyone.                                                        
                                                                                                    
    We will listen for Your voice, not in the winds of public                                       
    opinion, or in the earthquake of shocking events, or in the fire                                
    of flashy rhetoric, but in the "still small voice" of Truth                                     

2001-02-12                     House Journal                      Page 0296
       coming to our consciousness in quietness and peace.  When                                   
         we feel this calm we will go forward with confidence                                      
    knowing that we have heard Your voice.                                                          
                                                                                                    
        We thank You, God, for the great goodness and love with                                    
    which You govern us all.  Amen.                                                                 
                                                                                                    
The Pledge of Allegiance was led by Representative Whitaker.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 33rd, 34th, and 35th legislative days be approved as                                
certified by the Chief Clerk. There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 24                                                                                             
The House Special Committee on Economic Development, Trade, &                                       
Tourism has considered:                                                                             
                                                                                                    
    HOUSE BILL NO. 24                                                                               
    "An Act relating to use of certain borough revenues for a tourism                               
    marketing campaign."                                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 24(EDT)                                                                   
    "An Act relating to use of borough revenues from a sales tax                                    
      levied upon room rentals for a tourism marketing campaign."                                  
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  James, Dyson, Crawford, McGuire                                                       
                                                                                                    
No recommendation (3):  Morgan, Masek, Green                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 24(EDT):                                                 

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1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 24 was referred to the Community & Regional Affairs Committee.                                   
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Admiral Dennis Cutler Blair                                                              
By Representative Mulder                                                                            
                                                                                                    
Honoring - Eielson's 354th Civil Engineering Squadron                                               
By Senators Therriault, Wilken, Kelly                                                               
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 5                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 5 by the House Rules                                                
Committee:                                                                                          
                                                                                                    
    Proposing amendments to the Uniform Rules of the Alaska State                                   
    Legislature relating to standing committees and to the introduction                             
    of bills.                                                                                       
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 125                                                                                            
HOUSE BILL NO. 125 by Representative Kott, entitled:                                                
                                                                                                    
    "An Act relating to unlawful and indecent viewing and                                           
    photography and to civil damages and penalties for that viewing                                 
    and photography."                                                                               

2001-02-12                     House Journal                      Page 0298
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 7                                                                                             
The following was read the second time:                                                             
                                                                                                    
    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.                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 O&G RPT 7DP                                                        209                             
 FN1: ZERO (H.O&G)                                                  210                             
 RES RPT CS(RES) 5DP 1NR                                            277                             
 FN1: ZERO(H.O&G)                                                   278                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 7(RES)                                                        
 (same title)                                                                                       
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Davies:                                               
                                                                                                    
Page 3, line 13, following "environment":                                                           
 Insert ", productivity of the Porcupine Caribou Herd,"                                             
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    

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Representative Masek objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHJR 7(RES)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  27   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Davies, Guess, Hayes, Joule, Kapsner,                                   
Kerttula, Kookesh, Moses                                                                            
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, Meyer,                                      
Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi,                                          
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Excused:  Cissna, Croft, McGuire                                                                    
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSHJR 7(RES) be considered engrossed, advanced to third reading                                     
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The Speaker stated that CSHJR 7(RES) will be in third reading on the                                
February 14, 2001, calendar.                                                                        
                                                                                                    
                                                                                                    
                 SECOND READING OF SENATE RESOLUTIONS                                            
                                                                                                    
SCR 1                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS)                                                  
    Relating to Avalanche Awareness Month.                                                          
                                                                                                    

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with the:                                                  Journal Page                             
                                                                                                    
 RES RPT HCS(RES) 6DP 1NR                                           278                             
 FN1: ZERO(S.RES)                                                   279                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    HOUSE CS FOR CS FOR SENATE CONCURRENT                                                           
    RESOLUTION NO. 1(RES)                                                                           
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 15:                                                                                    
 Insert "FURTHER RESOLVED that the Alaska State                                                   
Legislature supports the $350,000 Fiscal Year 2002 budget request by                                
the Alaska Department of Public Safety for avalanche public                                         
education and training, search and rescue equipment, and a pilot                                    
avalanche information network study; and be it"                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Bunde objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSCR 1(RES)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  26   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Davies, Guess, Halcro, Hayes, Joule,                                    
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    

2001-02-12                     House Journal                      Page 0301
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
Hudson, James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan,                                      
Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens,                                         
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Cissna, Croft, McGuire                                                                    
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
The question being:  "Shall HCS CSSCR 1(RES) pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSCR 1(RES)                                                                                    
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Coghill, Crawford, Davies,                                       
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter,                                       
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Cissna, Croft, McGuire                                                                    
                                                                                                    
And so, HCS CSSCR 1(RES) passed the House and was referred to                                       
the Chief Clerk for engrossment.                                                                    
                                                                                                    
                                                                                                    
                         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 - Governor William J. Sheffield                                                            
By Representatives Berkowitz, Porter, Bunde, Chenault, Cissna,                                      
Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Harris,                               
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                      
Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson                                              
                                                                                                    

2001-02-12                     House Journal                      Page 0302
Honoring - Secretary of Veterans Affairs, Anthony J. Principi                                       
By Representatives Murkowski, Porter, Berkowitz, Bunde, Chenault,                                   
Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess,                               
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses,                                     
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
Honoring - General Patrick Gamble                                                                   
By Representatives Masek, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Harris,                              
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder,                                             
Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                                
                                                                                                    
Honoring - Steve Frank & Linda Anderson                                                             
By Senators Wilken, Pearce; Representatives Porter, Berkowitz,                                      
Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate,                                    
Foster, Green, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Moses, Mulder, Murkowski, Ogan, Rokeberg, Stevens,                                           
Williams, Wilson                                                                                    
                                                                                                    
In Memoriam - Sally Jane (Riley) Echola                                                             
By Representatives Masek, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Harris, Hayes,                              
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski,                                        
Ogan, Rokeberg, Stevens, Williams, Wilson                                                           
                                                                                                    
                                                                                                    
In Memoriam - Senator Fred F. Zharoff                                                               
By Senator Austerman; Representatives Stevens, Porter, Berkowitz,                                   
Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate,                                    
Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Rokeberg, Scalzi,                                    
Williams, Wilson                                                                                    
                                                                                                    
                                                                                                    

2001-02-12                     House Journal                      Page 0303
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 101                                                                                            
The Speaker waived the House Special Committee on Education                                         
referral for the following at the request of Representative Bunde,                                  
Chair:                                                                                              
                                                                                                    
    HOUSE BILL NO. 101                                                                              
    "An Act relating to charter schools; and providing for an effective                             
    date."                                                                                          
                                                                                                    
HB 101 was removed from the House Special Committee on                                              
Education and referred to the Health, Education & Social Services                                   
Committee.                                                                                          
                                                                                                    
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 Coghill - from 5:00 p.m., plane time, March 1 to                                     
9:45 a.m., plane time, March 6, 2001                                                                
                                                                                                    
Representative Crawford - from 7:14 p.m., plane time, February 16 to                                
9:34 p.m., plane time, February 18, 2001                                                            
                                                                                                    
Representative Hudson - from 2:00 p.m., plane time, March 1 to                                      
1:15 p.m., plane time, March 6, 2001                                                                
                                                                                                    
Representative Masek - from 5:00 p.m., plane time, February 28 to                                   
9:30 a.m., plane time, March 7, 2001                                                                
                                                                                                    
Representative Whitaker - from 7:00 a.m., plane time, March 2 to                                    
9:00 a.m., plane time, March 7, 2001                                                                
                                                                                                    
HJR 7                                                                                             
Representatives Mulder, Harris, Kott, Bunde, and Rokeberg added                                     
their names as cosponsors to:                                                                       
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 7(RES)                                                        
    Urging the United States Congress to pass legislation to open the                               

2001-02-12                     House Journal                      Page 0304
    coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                            
    and gas exploration, development, and production.                                               
                                                                                                    
                                                                                                    
HB 92                                                                                             
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 92                                                                               
    "An Act relating to sales of alcoholic beverages near a school or                               
    church."                                                                                        
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
SCR 1                                                                                             
HCS CSSCR 1(RES) was engrossed, signed by the Speaker and Chief                                     
Clerk, and transmitted to the Senate for consideration.                                             
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Joint Majority Caucus        Capitol 205                upon adj., 2/12                             
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., February 14, 2001.  There being no                                  
objection, the House adjourned at 12:08 p.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk