Legislature(2001 - 2002)

2001-03-20 House Journal

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2001-03-20                     House Journal                      Page 0659
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Tuesday                March 20, 2001                             
                                                                                                    
                          Seventy-second Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:10 a.m.                                                                                
                                                                                                    
Roll call showed 33 members present.  Representatives Halcro and                                    
Joule had been previously excused from a call of the House today.                                   
Representative Kookesh had been previously excused from a call of                                   
the House until 10:15 a.m., plane time, today.  Representative Ogan                                 
was excused from a call of the House today due to illness.                                          
Representatives Kott, Masek, and Mulder were absent and their                                       
presence was noted later.                                                                           
                                                                                                    
The invocation was offered by the Reverend Paul D. Beran of                                         
Resurrection Lutheran Church.  Representative Green moved and                                       
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it appears below:                                                         
                                                                                                    
    Gracious Father, Your love and patience with us is more than                                    
    we can fathom:  the gift of life for a new day, the                                             
    responsibilities of this House that summon our best,                                            
    forgiveness in Jesus Christ for the many times we have                                          
    woefully fallen short, and the opportunities for good that                                      
    beckon us now.                                                                                  
                                                                                                    
    Lord, oft-times we face subtle pressures.  We want to be                                        
    responsible, respected, even liked.  Save us from the delusion                                  
    of doing nothing that we might agree with everyone.  We                                         
    desire to give right leadership.  Yet so often the glass is                                     
    clouded, the issues mixed, our vision limited.                                                  
                                                                                                    
    We ask Your Spirit to grant us what we need.  Give us                                           
    wisdom and courage to separate need from greed, reality from                                    

2001-03-20                     House Journal                      Page 0660
    words, and faces of real people You have made from                                              
    statistical numbers.  Help us that we might be Your faithful                                    
    servants this day.  In the Name of Him Who came not to be                                       
    served, but to serve, Jesus the Christ.  Amen.                                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Cissna.                                          
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 71st legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated March 19, 2001, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 77                                                                                             
SENATE BILL NO. 77 by Senator Torgerson, entitled:                                                  
                                                                                                    
    "An Act repealing the exception that applies to collection and                                  
    payment of interest of $150 or less on royalty or net profit share                              
    underpayments and overpayments; and providing for an effective                                  
    date."                                                                                          
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 137                                                                                            
The Resources Committee has considered:                                                             

2001-03-20                     House Journal                      Page 0661
    HOUSE BILL NO. 137                                                                              
    "An Act relating to records of veterans of the armed forces; and                                
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Scalzi, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Stevens, Chenault, Green, Fate, Kapsner, Kerttula, Scalzi                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 137 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 145                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    HOUSE BILL NO. 145                                                                              
    "An Act making a civil remedy available to the state or a                                       
    municipality against persons who make false claims for, or certain                              
    misrepresentations regarding, state or municipal money or other                                 
    property; and providing for an effective date."                                                 
                                                                                                    
The report was signed by Representatives Meyer and Morgan, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Kerttula                                                                              
                                                                                                    
No recommendation (5):  Guess, Scalzi, Murkowski, Meyer, Morgan                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 145 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    

2001-03-20                     House Journal                      Page 0662
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - William Ransom Wood                                                                   
By Representatives Fate, Coghill; Senators Wilken, Kelly, Therriault                                
                                                                                                    
In Memoriam - Mary Ann Dineen                                                                       
By Representative Harris; Senator Lincoln                                                           
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Marc Langland                                                                            
By Representative Bunde                                                                             
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 9                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 9 by Representative                                                 
Kott:                                                                                               
                                                                                                    
    Encouraging the Matanuska Electric Association to reverse its                                   
    plan to pursue deregulation.                                                                    
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
HJR 23                                                                                            
HOUSE JOINT RESOLUTION NO. 23 by the House State Affairs                                            
Committee:                                                                                          
                                                                                                    
    Advocating the retention of the electoral college system in its                                 
    present form.                                                                                   
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    

2001-03-20                     House Journal                      Page 0663
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 201                                                                                            
HOUSE BILL NO. 201 by Representative Meyer, entitled:                                               
                                                                                                    
    "An Act prohibiting certain persons who sell or serve alcohol from                              
      consuming alcoholic beverages during hours of employment."                                   
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
**The presence of Representative Masek was noted.                                                   
                                                                                                    
                               * * * * *                                                           
                                                                                                    
Representative Williams introduced Ty Gass, Guest Page, from                                        
Ketchikan.                                                                                          
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                 SECOND READING OF SENATE RESOLUTIONS                                            
                                                                                                    
SJR 6                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 6(FIN)                                                       
    Urging the Congress of the United States to provide federal                                     
    education funds as a block grant to the state.                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT HCS(FIN) 9DP                                               404                             
 FN1: ZERO(S.FIN/EED)                                               405                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    

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    HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                                 
    6(FIN)                                                                                          
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSJR 6(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSJR 6(FIN) was read the third time.                                                           
                                                                                                    
The question being:  "Shall HCS CSSJR 6(FIN) pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSJR 6(FIN)                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  4   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson,                                   
James, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                   
Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                        
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Halcro, Joule, Kookesh, Ogan                                                              
                                                                                                    
Absent:  Kapsner, Mulder                                                                            
                                                                                                    
And so, HCS CSSJR 6(FIN) passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
SJR 7                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 7(RES)                                                       
    Supporting reinstatement of the United States Department of the                                 
    Interior directive exempting the United States Bureau of Land                                   
    Management in Alaska from the mandatory wilderness review                                       
    process.                                                                                        

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with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 5DP 1NR                                                    512                             
 FN1: ZERO(S.RES)                                                   512                             
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSSJR 7(RES) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSJR 7(RES) was read the third time.                                                               
                                                                                                    
**The presence of Representative Mulder was noted.                                                  
                                                                                                    
The question being:  "Shall CSSJR 7(RES) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSSJR 7(RES)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  3   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Dyson,                                 
Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Kohring,                                  
Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                      
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                   
Wilson                                                                                              
                                                                                                    
Nays:  Cissna, Davies, Kerttula                                                                     
                                                                                                    
Excused:  Halcro, Joule, Kookesh, Ogan                                                              
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
And so, CSSJR 7(RES) passed the House, was signed by the Speaker                                    
and Chief Clerk, and returned to the Senate.                                                        
                                                                                                    
                                                                                                    
SJR 12                                                                                            
The following was read the second time:                                                             
                                                                                                    

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    SENATE JOINT RESOLUTION NO. 12(title am)                                                        
    Urging the United States Congress to amend the tax code to                                      
    eliminate the marriage penalty.                                                                 
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT 7DP                                                        384                             
 FN1: ZERO(S.STA)                                                   384                             
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that SJR                                     
12(title am) be considered engrossed, advanced to third reading, and                                
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
SJR 12(title am) was read the third time.                                                           
                                                                                                    
                                                                                                    
The question being:  "Shall SJR 12(title am) pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
SJR 12(title am)                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson,                                   
James, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                   
Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Excused:  Halcro, Joule, Kookesh, Ogan                                                              
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
And so, SJR 12(title am) passed the House, was signed by the Speaker                                
and Chief Clerk, and returned to the Senate.                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2001-03-20                     House Journal                      Page 0667
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Commemorating - Law Enforcement Memorial Day, May 11, 2001                                          
By Representatives Porter, Berkowitz, Bunde, Chenault, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Harris,                                
Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi,                                        
Stevens, Williams, Wilson                                                                           
                                                                                                    
In Memoriam - Carl Henderson                                                                        
By Senator Davis; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Guess, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kott,                               
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                     
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
In Memoriam - Edmund G. Lord                                                                        
By Senator Lincoln; Representatives Morgan, Porter, Berkowitz,                                      
Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                   
Fate, Foster, Guess, Harris, Hayes, Hudson, James, Kapsner, Kerttula,                               
Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg,                                       
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
In Memoriam - Oklahoma State University, Men's Basketball Program                                   
By Senator Leman; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green,                                   
Guess, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring,                                    
Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski,                                         
Stevens, Williams, Wilson                                                                           
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    

2001-03-20                     House Journal                      Page 0668
Representative Harris - from 1:00 p.m., plane time, April 12 to                                     
9:30 a.m., plane time, April 17, 2001                                                               
                                                                                                    
Representative Lancaster - from 6:00 p.m., plane time, April 12 to                                  
9:30 p.m., plane time, April 16, 2001                                                               
                                                                                                    
Representative Moses - from 7:10 a.m., plane time, March 23 to                                      
9:25 p.m., plane time, March 26, 2001                                                               
                                                                                                    
Representative Murkowski - from 7:05 a.m., plane time, March 23 to                                  
6:34 p.m., plane time, March 26, 2001 (amended from page 527)                                       
                                                                                                    
Representative Mulder - from 8:30 a.m., plane time, to 5:30 p.m.,                                   
plane time, March 21, 2001                                                                          
                                                                                                    
Representative Whitaker - from 7:13 a.m., plane time, March 21 to                                   
8:30 a.m., plane time, March 24, 2001                                                               
                                                                                                    
Representative Wilson - from 8:30 a.m. to 11:00 a.m., March 23, 2001                                
                                                                                                    
HB 99                                                                                             
The Speaker waived the House Special Committee on Education                                         
referral for the following at the request of Representative Bunde,                                  
Chair:                                                                                              
                                                                                                    
    HOUSE BILL NO. 99                                                                               
    "An Act relating to school discipline and safety programs; and                                  
    providing for an effective date."                                                               
                                                                                                    
HB 99 was removed from the House Special Committee on Education                                     
and referred to the Health, Education & Social Services Committee.                                  
                                                                                                    
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Bunde moved and asked unanimous consent that the                                     
citation, Honoring - Marc Langland, be taken up as a Special Order of                               
Business at this time.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    

2001-03-20                     House Journal                      Page 0669
Representative Bunde moved and asked unanimous consent that the                                     
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
                                                                                                    
Honoring - Marc Langland                                                                            
By Representatives Bunde, Porter, Berkowitz, Chenault, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess,                                
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                   
Moses, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens,                                          
Whitaker, Williams, Wilson                                                                          
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
                                                                                                    
HB 20                                                                                             
Representative Davies added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 20                                                                               
    "An Act relating to state aid to municipalities and certain other                               
    recipients, and for the village public safety officer program;                                  
    relating to municipal dividends; relating to the public safety                                  
    foundation program; and providing for an effective date."                                       
                                                                                                    
                                                                                                    
HB 32                                                                                             
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 32                                                                               
    "An Act relating to the forfeiture of property used to possess or                               
    distribute child pornography, to commit indecent viewing or                                     
    photography, to commit a sex offense, or to solicit the commission                              
    of, attempt to commit, or conspire to commit possession or                                      
    distribution of child pornogaphy, indecent viewing or                                           
    photography, or a sexual offense."                                                              
                                                                                                    
                                                                                                    
                                                                                                    

2001-03-20                     House Journal                      Page 0670
HB 82                                                                                             
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 82                                                                               
    "An Act relating to agricultural facilities and operations as private                           
    nuisances; and to disclosures in transfers of real property located                             
    within one mile of an agricultural facility or an agricultural                                  
    operation."                                                                                     
                                                                                                    
SJR 12                                                                                            
Representatives Dyson, Meyer, and Croft added their names as cross                                  
sponsors to:                                                                                        
                                                                                                    
    SENATE JOINT RESOLUTION NO. 12(title am)                                                        
    Urging the United States Congress to amend the tax code to                                      
    eliminate the marriage penalty.                                                                 
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
SJR 6                                                                                             
HCS CSSJR 6(FIN) was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HCR 6                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:05 a.m.,                                
March 20, 2001:                                                                                     
                                                                                                    
    SENATE CS FOR CS FOR HOUSE CONCURRENT                                                           
    RESOLUTION NO. 6(STA)                                                                           
    Requesting the Governor to declare March 18 - 24, 2001, to be                                   
    Inhalants and Poisons Awareness Week and August 26 -                                            
    September 1, 2001, to be Inhalant Awareness Week.                                               
                                                                                                    
                                                                                                    

2001-03-20                     House Journal                      Page 0671
HB 117                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:05 a.m.,                                
March 20, 2001:                                                                                     
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 117(FIN)                                                    
    "An Act making supplemental and other appropriations; and                                       
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., March 22, 2001.  There being no                                     
objection, the House adjourned at 10:55 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk