Legislature(2001 - 2002)

2001-03-07 House Journal

Full Journal pdf

2001-03-07                     House Journal                      Page 0489
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday                 March 7, 2001                            
                                                                                                    
                            Fifty-ninth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment and in the absence of Speaker Porter,                                       
Representative James assumed the Chair as Speaker Pro Tempore                                       
under Rule 4 of the Uniform Rules and called the House to order at                                  
1:01 p.m.                                                                                           
                                                                                                    
Roll call showed 31 members present.  Representatives Davies,                                       
Mulder, and Porter had been previously excused from a call of the                                   
House today.  Representative Green was excused from a call of the                                   
House today due to illness.                                                                         
                                                                                                    
                                                                                                    
Representative Foster, Acting Majority Leader, 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 Williams - from today to 9:44 p.m., plane time,                                      
March 7, 2001                                                                                       
                                                                                                    
Representative Joule - from today to 8:00 a.m., plane time, March 9,                                
2001                                                                                                
                                                                                                    
Representative Crawford - from 2:00 p.m., plane time, today to                                      
9:30 p.m., plane time, March 8, 2001                                                                
                                                                                                    
Representative Kott - from 7:20 p.m., plane time, February 28 to                                    
9:30 a.m., plane time, March 8, 2001 (amended from page 422)                                        
                                                                                                    
Representative Masek - from 5:00 p.m., plane time, February 28 to                                   
9:30 a.m., plane time, March 19, 2001 (amended from page 303)                                       
                                                                                                    

2001-03-07                     House Journal                      Page 0490
The invocation was offered by the Chaplain Father Michael Nash of                                   
the Cathedral of the Nativity.  Representative Hudson moved and                                     
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it appears below:                                                         
                                                                                                    
    Loving God, we praise You for the boundless kindness You                                        
    have lavished on Your people.  Among the gifts You have                                         
    given us are those of freedom and self-determination.  We, in                                   
    Alaska, have bound ourselves into a political community, and                                    
    will travel into the future together.                                                           
                                                                                                    
    Here in these chambers of the Alaska House of                                                   
    Representatives, may the hopes and dreams of each Alaskan,                                      
    from the smallest to the greatest, be valued and cherished.                                     
    May the laws enacted in this legislature reflect the tradition of                               
    sharing and caring that has been so much a part of the history                                  
    of this land.  And, in the ancient and honorable tradition of                                   
    politics, may it be the goal of each member of this body to                                     
    advance the common good.  We pray You this gracious Lord.                                       
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Dyson.                                           
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
journal for the 52nd, 53rd, 54th, 55th, 56th, 57th, and 58th legislative                            
days and House & Senate Joint Journal Supplement No. 5 be approved                                  
as certified by the Chief Clerk.  There being no objection, it was so                               
ordered.                                                                                            
                                                                                                    
                               * * * * *                                                           
                                                                                                    
Representative Halcro introduced his daughter and Guest Page, Alyssa                                
Robinson, from Anchorage.                                                                           
                                                                                                    
Representative Rokeberg introduced Katrina Amon, Guest Page, from                                   
Anchorage.                                                                                          
                                                                                                    

2001-03-07                     House Journal                      Page 0491
Representative Foster introduced Ross Wortman, Guest Page, from                                     
Eagle River.                                                                                        
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HCR 2                                                                                             
A message dated March 7, 2001, was read stating the Governor is                                     
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 2                                                               
    Authorizing two recesses by the Senate and House of                                             
    Representatives, each for a period of more than three days.                                     
                                                                                                    
    Legislative Resolve No. 1                                                                       
                                                                                                    
HJR 7                                                                                             
A message dated February 28, 2001, was read stating the Governor is                                 
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 7(RES) am                                                     
    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.                                               
                                                                                                    
    Legislative Resolve No. 5                                                                       
                                                                                                    
SCR 1                                                                                             
A message dated March 7, 2001, was read stating the Governor is                                     
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    HOUSE CS FOR CS FOR SENATE CONCURRENT                                                           
    RESOLUTION NO. 1(RES)                                                                           
    Relating to Avalanche Awareness Month.                                                          
                                                                                                    
    Legislative Resolve No. 3                                                                       
                                                                                                    

2001-03-07                     House Journal                      Page 0492
                             COMMUNICATIONS                                                      
                                                                                                    
The following audit report was received:                                                            
                                                                                                    
Division of Legislative Audit                                                                       
Legislative Budget & Audit Committee                                                                
(as required by AS 24.20.311)                                                                       
                                                                                                    
  Department of Corrections                                                                         
  Board of Parole                                                                                   
  Sunset Review                                                                                     
  December 26, 2000                                                                                 
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The Labor & Commerce Committee has reviewed the qualifications of                                   
the following and recommends the appointments be forwarded to a                                     
joint session for consideration:                                                                    
                                                                                                    
                        Dr. Michael P. Moriarty                                                    
                                                                                                    
as a member of the Board of Dental Examiners,                                                       
                                                                                                    
                                                                                                    
                           Ms. Ann M. Bezona                                                       
                          Mr. Larry E. Harper                                                      
                                                                                                    
as members of the Board of Dispensing Opticians,                                                    
                                                                                                    
                                                                                                    
                            Ms. Ann W. Swift                                                       
                                                                                                    
as a member of the Board of Marital and Family Therapy,                                             
                                                                                                    
                                                                                                    
                       Dr. Martha Tillion Cotten                                                   
                        Ms. Constance E. Livsey                                                    
                                                                                                    
as members of the State Medical Board,                                                              

2001-03-07                     House Journal                      Page 0493
                        Dr. William D. Faulkner                                                    
                                                                                                    
as a member of the Board of Examiners in Optometry,                                                 
                                                                                                    
                           Mr. Mark D. Bohrer                                                      
                            Ms. Cindy Bueler                                                       
                                                                                                    
as members of the Board of Pharmacy,                                                                
                                                                                                    
                        Ms. Jo Anne Bell-Graves                                                    
                                                                                                    
as a member of the State Physical Therapy and Occupational Therapy                                  
Board,                                                                                              
                                                                                                    
                          Mr. David F. Leonard                                                     
                                                                                                    
as a member of the Board of Professional Counselors,                                                
                                                                                                    
                        Ms. Cathy W. Biggerstaff                                                   
                                                                                                    
as a member of the Board of Psychologist and Psychological Associate                                
Examiners,                                                                                          
                          Ms. Diane M. DiSanto                                                     
                                                                                                    
as a member of the Board of Social Work Examiners.                                                  
                                                                                                    
The reports were signed by Representative Murkowski, Chair; and                                     
Representatives Meyer, Rokeberg, Halcro, Crawford, and Hayes.                                       
                                                                                                    
Pursuant to AS 39.05.053, the Labor & Commerce Committee                                            
changed the month and day of expiration for members' terms to                                       
March 1.                                                                                            
                                                                                                    
HCR 1                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 1                                                               
    Relating to establishing a Task Force on a Statewide                                            
    Comprehensive Energy Plan.                                                                      
                                                                                                    

2001-03-07                     House Journal                      Page 0494
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(L&C)                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Halcro, Crawford, Hayes, Murkowski                                                    
                                                                                                    
No recommendation (2):  Meyer, Rokeberg                                                             
                                                                                                    
The following fiscal note(s) apply to CSHCR 1(L&C):                                                 
                                                                                                    
1.  Zero, House Community & Regional Affairs Committee                                              
                                                                                                    
HCR 1 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 72                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 72                                                                               
    "An Act relating to an assistant adjutant general for national                                  
    missile defense in the Department of Military and Veterans'                                     
    Affairs."                                                                                       
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Whitaker, Harris, Croft, Davies, Moses, Lancaster,                                   
Hudson, Foster, Mulder, Williams                                                                    
                                                                                                    
No recommendation (1):  Bunde                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Military & Veterans' Affairs                                                   
                                                                                                    

2001-03-07                     House Journal                      Page 0495
HB 72 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 81                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 81                                                                               
    "An Act extending the termination date of the Board of Dental                                   
    Examiners."                                                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 81(L&C)                                                                   
    "An Act extending the termination date of the Board of Dental                                   
    Examiners; relating to the Board of Dental Examiners and                                        
    regulation of the practice of dentistry; and relating to dental                                 
    hygienists and dental assistants."                                                              
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Crawford, Hayes, Meyer, Rokeberg, Murkowski                                           
                                                                                                    
No recommendation (1):  Halcro                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 81(L&C):                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 81 was referred to the Finance Committee.                                                        
                                                                                                    
HB 91                                                                                             
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 91                                                                               
    "An Act relating to the membership and quorum requirements of                                   
    the State Medical Board."                                                                       
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               

2001-03-07                     House Journal                      Page 0496
Do pass (5):  Coghill, Wilson, Cissna, Joule, Dyson                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 91 was referred to the Finance Committee.                                                        
                                                                                                    
HB 113                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 113                                                                              
    "An Act relating to health care insurance payments for hospital or                              
    medical services; and providing for an effective date."                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 113(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Crawford, Hayes, Meyer                                                                
                                                                                                    
No recommendation (2):  Halcro, Murkowski                                                           
                                                                                                    
Amend (1):  Rokeberg                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 113(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 113 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
SB 16                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    

2001-03-07                     House Journal                      Page 0497
    CS FOR SENATE BILL NO. 16(RLS)                                                                  
    "An Act regarding oil discharge prevention and cleanup involving                                
    self-propelled nontank vessels exceeding 400 gross registered                                   
    tonnage and railroad tank cars and related facilities and operations                            
    and requiring preparation and implementation of oil discharge                                   
    contingency plans for those nontank vessels and railroad tank cars;                             
    amending the definition of 'response action' that relates to releases                           
    or threatened releases of oil and thereby amending the duties and                               
    liabilities of response action contractors; authorizing compliance                              
    verification for nontank vessels and for trains and related facilities                          
    and operations; and providing for an effective date."                                           
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Whitaker, Croft, Davies, Hudson                                                       
                                                                                                    
Do not pass (1):  Foster                                                                            
                                                                                                    
No recommendation (6): Bunde, Harris, Moses, Lancaster, Mulder,                                     
Williams                                                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Transportation & Public Facilities                                             
2.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
CSSB 16(RLS) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 137                                                                                            
The House Special Committee on Military & Veterans' Affairs has                                     
considered:                                                                                         
                                                                                                    
    HOUSE BILL NO. 137                                                                              
    "An Act relating to records of veterans of the armed forces; and                                
    providing for an effective date."                                                               

2001-03-07                     House Journal                      Page 0498
The report was signed by Representative Chenault, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Hayes, Green, Kott, Masek, Cissna, Chenault                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 137 was referred to the Resources Committee.                                                     
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Alaska Air National Guard's 168th Aerial Refueling Wing                                  
By Senators Therriault, Wilken, Kelly; Representatives Hayes, James,                                
Fate, Coghill, Davies, Whitaker                                                                     
                                                                                                    
In Memoriam - Evan Michael Alexie                                                                   
By Representative Morgan                                                                            
                                                                                                    
In Memoriam - Philip Alexie                                                                         
By Representative Morgan                                                                            
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Foster 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 - Irene Aukongak                                                                           
By Representatives Foster, Porter, Berkowitz, Bunde, Cissna, Coghill,                               
Crawford, Croft, Davies, Dyson, Fate, Halcro, Harris, Hayes, Hudson,                                
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens,                                          
Williams, Wilson; Senator Olson                                                                     

2001-03-07                     House Journal                      Page 0499
Honoring - Willa Ashenfelter                                                                        
By Representatives Foster, Porter, Berkowitz, Bunde, Cissna, Coghill,                               
Crawford, Croft, Davies, Dyson, Fate, Halcro, Harris, Hayes, Hudson,                                
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens,                                          
Williams, Wilson; Senator Olson                                                                     
                                                                                                    
In Memoriam - George S. Henniger                                                                    
By Representatives Kookesh, Porter, Berkowitz, Bunde, Cissna,                                       
Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Halcro, Harris,                              
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster,                                    
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
In Memoriam - William L. Hagar                                                                      
By Senators Taylor, Kelly, Therriault, Wilken; Representatives Fate,                                
Coghill, James, Porter, Berkowitz, Bunde, Cissna, Crawford, Croft,                                  
Davies, Dyson, Foster, Halcro, Harris, Hayes, Hudson, Joule, Kapsner,                               
Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan,                                         
Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Williams, Wilson                                                                                    
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Foster 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 Dyson - from 1:30 p.m., plane time, March 16 to                                      
9:27 a.m., plane time, March 19; and from 1:30 p.m., plane time,                                    
April 6 to 9:27 a.m., plane time, April 9, 2001                                                     
                                                                                                    
Representative Rokeberg - from 7:00 p.m., plane time, March 16 to                                   
9:30 a.m., plane time, March 19, 2001                                                               
                                                                                                    
Representative Green - from 2:00 p.m., plane time, April 4 to                                       
9:30 a.m., plane time, April 8, 2001 (amended from page 422)                                        
                                                                                                    
                                                                                                    

2001-03-07                     House Journal                      Page 0500
HB 41                                                                                             
The Health, Education & Social Services Committee submitted a                                       
corrected committee substitute for their report (page 433).  The                                    
following bill is being reprinted today:                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 41(HES)                                                                   
    "An Act relating to federal child support enforcement                                           
    requirements regarding social security number information,                                      
    employer reports about employees, and certain kinds of automated                                
    data matching with financial institutions; relating to child support                            
    payments; repealing the termination date of changes made by ch.                                 
    87, SLA 1997, and ch. 132, SLA 1998, regarding child support                                    
    enforcement and related programs; repealing the nonseverability                                 
    provision of ch. 132, SLA 1998; repealing uncodified laws                                       
    relating to ch. 87, SLA 1997, and ch. 132, SLA 1998; and                                        
    providing for an effective date."                                                               
                                                                                                    
HB 41 is in the Judiciary Committee.                                                                
                                                                                                    
                                                                                                    
HB 91                                                                                             
Representatives Wilson, Dyson, Cissna, and Coghill added their                                      
names as cosponsors to:                                                                             
                                                                                                    
    HOUSE BILL NO. 91                                                                               
    "An Act relating to the membership and quorum requirements of                                   
    the State Medical Board."                                                                       
                                                                                                    
                                                                                                    
HB 92                                                                                             
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 92                                                                               
    "An Act relating to sales of alcoholic beverages near a school or                               
    church."                                                                                        
                                                                                                    
                                                                                                    
HB 99                                                                                             
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    

2001-03-07                     House Journal                      Page 0501
    HOUSE BILL NO. 99                                                                               
    "An Act relating to school discipline and safety programs; and                                  
    providing for an effective date."                                                               
                                                                                                    
HB 111                                                                                            
Representative James added her name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 111                                                                              
    "An Act relating to civil liability for injuries or death resulting                             
    from livestock activities."                                                                     
                                                                                                    
HB 114                                                                                            
Representatives Fate and Dyson added their names as cosponsors to:                                  
                                                                                                    
    HOUSE BILL NO. 114                                                                              
    "An Act relating to abuse of inhalants."                                                        
                                                                                                    
                                                                                                    
HB 115                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 115                                                                              
    "An Act allowing a physician assistant or advanced nurse                                        
    practitioner to certify the need for emergency treatment as a result                            
    of intoxication."                                                                               
                                                                                                    
                                                                                                    
HB 124                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 124                                                                              
    "An Act prohibiting nursing facilities and assisted living homes                                
    from employing or allowing access by persons with certain                                       
    criminal backgrounds, with exceptions."                                                         
                                                                                                    
                                                                                                    
HB 158                                                                                            
Representatives Dyson, Fate, and Rokeberg added their names as                                      
cosponsors to:                                                                                      
                                                                                                    

2001-03-07                     House Journal                      Page 0502
    HOUSE BILL NO. 158                                                                              
    "An Act relating to the criteria for the adoption of regulations and                            
    to the relationship between a regulation and its enabling statute;                              
    and providing for an effective date."                                                           
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 10:00 a.m., March 9, 2001.  There being no                                      
objection, the House adjourned at 1:39 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk