Legislature(2001 - 2002)
2001-03-12 House Journal
Full Journal pdf2001-03-12 House Journal Page 0537 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday March 12, 2001 Sixty-fourth Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:04 a.m. Roll call showed 34 members present. Representatives Cissna and Masek had been previously excused from a call of the House today. Representatives Mulder, Rokeberg, and Williams were absent and their presence was noted later. Representative James moved and asked unanimous consent that Representative McGuire's previously excused absence be extended this morning due to plane delay. There being no objection, it was so ordered. Representative McGuire's presence was noted later. The invocation was offered by the Reverend Kathleen Wakefield of St. Brendan's Episcopal Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty God, You give us new life, new hope, and new opportunities with each returning day: Help us to use these blessings to the best of our capacity in doing the work which we have to do; devoting ourselves wholly to Your service, and putting our selfish interests aside to seek the welfare of others. Amen. (excerpted from the Book of Common Prayer) The Pledge of Allegiance was led by Representative Kapsner. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 61st, 62nd, and 63rd legislative days be approved as 2001-03-12 House Journal Page 0538 certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 44 A message dated March 9, 2001, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 44(TRA) "An Act designating the Joe Redington, Sr., Memorial Trail." Chapter No. 1, SLA 2001 Effective Date: June 7, 2001 COMMUNICATIONS The following was received: Dept. of Administration Office of the Commissioner Report on the Monetary Terms of the Collective Bargaining Agreement between the University of Alaska Board of Regents and the Alaska Higher Education Crafts and Trades Employees, Local 6070 February 14, 2001 (as required by AS 23.40.215) The Speaker referred the report to the Finance Committee. REPORTS OF STANDING COMMITTEES HJR 12 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 12 Proposing amendments to the Constitution of the State of Alaska relating to hunting, trapping, and fishing. 2001-03-12 House Journal Page 0539 and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 12(RES) (same title) The report was signed by Representative Scalzi, Co-chair, with the following individual recommendations: Do pass (5): Stevens, Chenault, McGuire, Fate, Scalzi No recommendation (2): Kapsner, Kerttula The following fiscal note(s) apply to CSHJR 12(RES): 1. Fiscal, Office of the Governor HJR 12 was referred to the Judiciary Committee. **The presence of Representative Mulder was noted. HB 43 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 43 "An Act relating to reimbursement of certain student loans; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 43(HES) "An Act relating to forgiveness of certain student loans; and providing for an effective date." The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (6): Kohring, Coghill, Wilson, Cissna, Stevens, Dyson The following fiscal note(s) apply to CSHB 43(HES): 2001-03-12 House Journal Page 0540 1. Fiscal, Dept. of Education & Early Development HB 43 was referred to the Finance Committee. HB 127 The Rules Committee has considered: HOUSE BILL NO. 127 "An Act relating to emergency equipment to be carried on aircraft." and recommends it be replaced with: CS FOR HOUSE BILL NO. 127(RLS) "An Act relating to aviation and to emergency equipment to be carried on aircraft." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Porter, Kohring, Kott No recommendation (1): Joule Amend (1): Berkowitz The following fiscal note(s) apply to CSHB 127(RLS): 1. Zero, Dept. of Transportation & Public Facilities HB 127 was returned to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. SB 84 The Rules Committee has considered: 2001-03-12 House Journal Page 0541 CS FOR SENATE BILL NO. 84(FIN) "An Act exempting certain joint action agencies from regulation by the state or municipalities; relating to the relationship between certain joint action agencies and the public utilities that form the joint action agencies; relating to powers and immunities of certain joint action agencies; requiring filing of certain joint action agency agreements; relating to the financial affairs of certain joint action agencies; declaring certain joint action agencies to be political subdivisions for certain purposes; relating to liability and indemnification of officers, employees, and agents of certain joint action agencies; and defining 'agency agreement' and 'parties to the agency agreement' as used with reference to certain joint action agencies." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Porter, Kohring, Joule, Kott No recommendation (1): Berkowitz The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development 2. Zero, Dept. of Community & Economic Development 3. Zero, Dept. of Community & Economic Development CSSB 84(FIN) was returned to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Commemorating - National Be Kind to Animals Week, May 6-12, 2001 By Representative Meyer 2001-03-12 House Journal Page 0542 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 20 HOUSE JOINT RESOLUTION NO. 20 by Representatives Joule, Hudson, and Kerttula: Opposing Arctic marine shipment of nuclear waste between Russia and Japan. was read the first time and referred to the Resources Committee. **The presence of Representative Rokeberg was noted. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 151 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 151 by Representatives Whitaker, Fate, James, Murkowski, Hudson, and Stevens, entitled: "An Act naming the William R. Wood Fairbanks International Airport; and providing for an effective date." was read the first time and referred to the Transportation Committee. HB 173 HOUSE BILL NO. 173 by Representatives Joule, Cissna, Crawford, Croft, Davies, Harris, Hayes, Kapsner, Lancaster, Wilson, and Guess, entitled: "An Act relating to establishing a screening, tracking, and intervention program related to the hearing ability of newborns and infants; providing an exemption to licensure as an audiologist for certain persons performing hearing screening tests; relating to insurance coverage for newborn and infant hearing screening; and providing for an effective date." 2001-03-12 House Journal Page 0543 was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 174 HOUSE BILL NO. 174 by the House Rules Committee by request of the Legislative Budget & Audit Committee, entitled: "An Act relating to mental health information and records; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 175 HOUSE BILL NO. 175 by Representatives Lancaster and Harris, entitled: "An Act making an appropriation to the Alaska Industrial Development and Export Authority for power projects; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 176 HOUSE BILL NO. 176 by Representatives Lancaster, Hudson, Wilson, and Harris, entitled: "An Act making an appropriation to the Alaska Industrial Development and Export Authority for a power transmission intertie between Kake and Petersburg; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 177 HOUSE BILL NO. 177 by the House Rules Committee, entitled: 2001-03-12 House Journal Page 0544 "An Act placing certain special interest organizations within the definition of 'group' for purposes of Alaska's campaign finance statutes; providing a contingent amendment to take effect in case subjecting these organizations to all of the statutory requirements pertaining to groups is held by a court to be unconstitutional; requiring certain organizations to disclose contributions made to them and expenditures made by them; requiring disclosure of the true source of campaign contributions; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 13 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13 "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." with the: Journal Page CRA RPT 2DP 1DNP 4NR 209 FN1: ZERO (CED) 209 JUD RPT CS(JUD) 1DP 2DNP 3NR 338 FN1: ZERO(CED) 339 FIN RPT CS(JUD) 6DP 3NR 1AM 456 FN1: ZERO(CED) 457 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(JUD) (same title) 2001-03-12 House Journal Page 0545 There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 1, lines 1 and 2 (title amendment): Delete "and providing for voter approval of the formation, alteration, or abolishment of certain service areas" Page 1, line 5: Delete "voter approval of alteration or abolishment of" Page 1, lines 9 and 10: Delete ", subject to (c) of this section" Page 2, line 6: Delete "new subsections" Insert "a new subsection" Page 2, lines 7 - 22: Delete all material. Page 2, line 23: Delete "(d)" Insert "(c)" Representative Davies 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: CSSSHB 13(JUD) Second Reading Amendment No. 1 YEAS: 12 NAYS: 25 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses, Mulder 2001-03-12 House Journal Page 0546 Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Meyer, Morgan, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Cissna, Masek, McGuire And so, Amendment No. 1 was not adopted. Representative James moved and asked unanimous consent that CSSSHB 13(JUD) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSSHB 13(JUD) will advance to third reading on the March 13, 2001, calendar. HB 34 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 34 "An Act relating to the statutory rule against perpetuities, to nonvested property interests and trusts, and to the suspension of the power of alienation of property; and providing for an effective date." SECOND READING OF SENATE RESOLUTIONS SJR 8 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 8(STA) Relating to supporting polling places at military installations. with the: Journal Page MLV RPT HCS(MLV) 6DP 315 FN1: ZERO(S.STA) 315 2001-03-12 House Journal Page 0547 STA RPT HCS(MLV) 7DP 405 FN1: ZERO(S.STA) 405 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 JOINT RESOLUTION NO. 8(MLV) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Murkowski and Hayes: Page 2, line 10, following "President of the United States": Insert ", the United States Congress," Page 2, line 10, following "Defense": Insert "to work together" Representative Murkowski moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Berkowitz: Page 2, line 12: Delete "." Insert "; and be it" Page 2, following line 12: Insert "FURTHER RESOLVED, that the Alaska State Legislature respectfully requests the President of the United States, the United States Congress, and the United State Secretary of Defense act to permit election activities in areas beyond 200 feet of an entrance to a base or post polling place." Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. 2001-03-12 House Journal Page 0548 Representative Murkowski objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSJR 8(MLV) am H Second Reading Amendment No. 2 YEAS: 12 NAYS: 24 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Crawford, Croft, Davies, Guess, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Whitaker Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Excused: Cissna, Masek, McGuire Absent: Moses And so, Amendment No. 2 was not adopted. Representative James moved and asked unanimous consent that HCS CSSJR 8(MLV) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSJR 8(MLV) am H was read the third time. The question being: "Shall HCS CSSJR 8(MLV) am H pass the House?" The roll was taken with the following result: HCS CSSJR 8(MLV) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-03-12 House Journal Page 0549 Excused: Cissna, Masek, McGuire Absent: Moses And so, HCS CSSJR 8(MLV) am H passed the House and was referred to the Chief Clerk for engrossment. **The presence of Representative McGuire was noted. 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 - Katie Hurley - 80th Birthday By Representative Croft, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson Honoring - Lieutenant Colonel Roger C. Chenoweth By Representatives Hayes, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Therriault In Memoriam - Venzy H. Vecera By Representatives Croft, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson 2001-03-12 House Journal Page 0550 In Memoriam - James "Big Jim" Martin By Senator Davis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Margaret Kennison Jack By Senator Davis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson SECOND READING OF HOUSE BILLS (Continued) HB 34 The following which had been moved to the bottom of the calendar (page 546), was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 34 "An Act relating to the statutory rule against perpetuities, to nonvested property interests and trusts, and to the suspension of the power of alienation of property; and providing for an effective date." with the: Journal Page JUD RPT 4DP 432 FN1: ZERO(CRT) 432 FN2: ZERO(LAW) 432 Representative James moved and asked unanimous consent that SSHB 34 be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. 2001-03-12 House Journal Page 0551 The Speaker stated that SSHB 34 will advance to third reading on the March 13, 2001, calendar. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HB 103 The Finance Committee has considered: HOUSE BILL NO. 103 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 103(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Bunde, Whitaker, Harris, Lancaster, Hudson, Foster, Mulder, Williams Amend (3): Croft, Davies, Moses HB 103 was referred to the Rules Committee for placement on the calendar. HB 104 The Finance Committee has considered: HOUSE BILL NO. 104 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." 2001-03-12 House Journal Page 0552 and recommends it be replaced with: CS FOR HOUSE BILL NO. 104(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Bunde, Whitaker, Harris, Lancaster, Hudson, Foster, Mulder, Williams Amend (3): Croft, Davies, Moses HB 104 was referred to the Rules Committee for placement on the calendar. UNFINISHED BUSINESS Representative James moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Coghill - from 6:00 a.m., plane time, to 5:30 p.m., plane time, March 21, 2001 Representative Fate - from 7:30 p.m., plane time, March 15 to 9:30 p.m., plane time, March 18; and from 8:45 a.m., plane time, to 5:30 p.m., plane time, March 21, 2001 Representative Halcro - from 7:00 p.m., plane time, March 16 to 9:30 a.m., plane time, March 19; and from 7:00 p.m., plane time, March 23 to 9:30 a.m., plane time, March 26, 2001 Representative Kohring - from 1:30 p.m., plane time, March 16 to 9:34 p.m., plane time, March 19, 2001 (amended from page 443) Representative McGuire - from 9:00 a.m., plane time, to 5:15 p.m., plane time, March 21, 2001 2001-03-12 House Journal Page 0553 Representative Williams - from 2:30 p.m., plane time, March 16 to 9:44 p.m., plane time, March 18, 2001 HB 158 Representative Ogan added his name as cosponsor to: 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." SJR 8 Representatives Harris and Dyson added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 8(MLV) am H Relating to supporting polling places at military installations. ENGROSSMENT SJR 8 HCS CSSJR 8(MLV) am H 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. Majority Caucus Speaker's Chamber upon adj., 3/12 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 13, 2001. There being no objection, the House adjourned at 12:11 p.m. Suzi Lowell Chief Clerk