Legislature(2001 - 2002)

2001-03-23 House Journal

Full Journal pdf

2001-03-23                     House Journal                      Page 0701
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Friday                March 23, 2001                             
                                                                                                    
                           Seventy-fifth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:08 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representatives Morgan,                                       
Moses, and Whitaker had been previously excused from a call of the                                  
House today.  Representative Wilson had been previously excused                                     
from a call of the House today until 11:00 a.m.  Representative Mulder                              
was absent and his 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:                                                         
                                                                                                    
    Before the hills in order stood or earth received its frame,                                    
    from everlasting Thou art God through endless years the                                         
    same.  Gracious God, our heavenly Father, thank You for the                                     
    gift of life this day; for the responsibility entrusted to us by                                
    the people of Alaska; for colleagues on both sides of the aisle;                                
    for those who work with us as aides and secretaries; and for                                    
    the wonderful opportunity we have for good.                                                     
                                                                                                    
    In our leadership help us to hear the many voices, some loud                                    
    and demanding, others soft and gentle.  Tune our ears to hear                                   
    the voiceless and downtrodden.  Especially sensitize us to                                      
    listen for and hear Thy still small voice; that when this day is                                
    done; when our term is served; when our journey on earth is                                     
    completed; we might hear Thy voice to us:  "Well done, good                                     
    and faithful servant."  In the Name of Him who came not to                                      
    be served, but to serve, Jesus Christ.  Amen.                                                   
                                                                                                    

2001-03-23                     House Journal                      Page 0702
The Pledge of Allegiance was led by Representative Crawford.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 74th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published today in                             
House Journal Supplement No. 3 and Senate and House Joint Journal                                   
Supplement No. 6.                                                                                   
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Natural Resources                                                                          
Alaska Board of Forestry                                                                            
2000 Annual Report to the Governor                                                                  
A Review of the Alaska Forest Resources and                                                         
 Practices Act:  Its Implementation and Effectiveness                                               
March 2001                                                                                          
(as required by AS 41.17.047)                                                                       
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The State Affairs Committee has reviewed the qualifications of the                                  
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                          Mr. Ronald L. Otte                                                       
                                                                                                    
as a member of the Personnel Board; and,                                                            
                                                                                                    
                          Mr. John Dapcevich                                                       
                                                                                                    
as a member of the Alaska Public Offices Commission (APOC).                                         
                                                                                                    
The reports were signed by Representative Coghill, Chair; and                                       
Representatives James, Fate, Stevens, Wilson, Crawford, and Hayes.                                  

2001-03-23                     House Journal                      Page 0703
SB 19                                                                                             
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    CS FOR SENATE BILL NO. 19(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; 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."                                            
                                                                                                    
                                                                                                    
and recommends it be replaced with the following committee                                          
substitute, pending authorization by a concurrent resolution:                                       
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 19(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."                                                               
                                                                                                    
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Wilson, Dyson                                                                         
                                                                                                    
No recommendation (3):  Coghill, Joule, Stevens                                                     
                                                                                                    
Amend (2):  Kohring, Cissna                                                                         
                                                                                                    

2001-03-23                     House Journal                      Page 0704
The following fiscal note(s) apply to HCS CSSB 19(HES):                                             
                                                                                                    
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
CSSB 19(HES) was referred to the Judiciary Committee.                                               
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
SJR 10                                                                                            
The House Special Committee on Military and Veterans' Affairs has                                   
considered:                                                                                         
                                                                                                    
    SENATE JOINT RESOLUTION NO. 10                                                                  
    Urging the United States Congress to fully fund the operational                                 
    readiness and recapitalization requirements of the United States                                
    Coast Guard.                                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 10(MLV)                                                
    (same title)                                                                                    
                                                                                                    
                                                                                                    
The report was signed by Representative Chenault, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Murkowski, Hayes, Masek, Chenault                                                     
                                                                                                    
Amend (1):  Kott                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS SJR 10(MLV):                                              
                                                                                                    
1.  Zero, Senate State Affairs Committee                                                            
                                                                                                    
                                                                                                    
SJR 10 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    

2001-03-23                     House Journal                      Page 0705
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Dr. Jo Ann McDowell                                                                      
By Representative Harris; Senator Lincoln                                                           
                                                                                                    
Honoring - Niall Bo Johnson                                                                         
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
                                                                                                    
Honoring - John R. Magalotti                                                                        
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - Carl C. Behnert                                                                          
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - Herb Didrickson                                                                          
By Representatives Wilson, Hudson, Kookesh, Williams; Senator                                       
Taylor                                                                                              
                                                                                                    
                                                                                                    
Honoring - Phillips Petroleum Company and Phillips Alaska, Inc.,                                    
Celebrating 49 Years in the 49th State                                                              
By Representative Porter                                                                            
                                                                                                    
In Memoriam - Steve Primis                                                                          
By Senators Halford, Phillips; Representatives Dyson, Berkowitz                                     
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 208                                                                                            
HOUSE BILL NO. 208 by Representatives Scalzi, Chenault,                                             
Lancaster, Harris, Hudson, and James, entitled:                                                     
                                                                                                    
    "An Act relating to aquatic farming of shellfish; and providing for                             
    an effective date."                                                                             

2001-03-23                     House Journal                      Page 0706
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources and Finance Committees.                                                 
                                                                                                    
HB 209                                                                                            
HOUSE BILL NO. 209 by the House Health, Education & Social                                          
Services Committee, entitled:                                                                       
                                                                                                    
    "An Act directing the Department of Health and Social Services to                               
    establish a foster care transition program; relating to that program;                           
    and providing for an effective date."                                                           
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 210                                                                                            
HOUSE BILL NO. 210 by Representatives Meyer, Guess, Dyson,                                          
Croft, and Hudson, entitled:                                                                        
                                                                                                    
   "An Act relating to sexual assault and sexual abuse of a minor."                                
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 110                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 110                                                                              
    "An Act relating to driver's licenses and instructional permits; and                            
    providing for an effective date."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT CS(STA) 6DP 1NR                                            383                             
 FN1: ZERO(ADM)                                                     384                             
 JUD RPT CS(JUD) 2DP 1NR 2AM                                        621                             
 FN1: ZERO(ADM)                                                     622                             

2001-03-23                     House Journal                      Page 0707
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 110(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
110(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 110(JUD) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 110(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 110(JUD)                                                                                       
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, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Murkowski, Ogan, Porter,                                          
Rokeberg, Scalzi, Stevens, Williams                                                                 
                                                                                                    
Excused:  Morgan, Moses, Whitaker, Wilson                                                           
                                                                                                    
Absent:  Mulder                                                                                     
                                                                                                    
And so, CSHB 110(JUD) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 110(JUD) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
**The presence of Representative Mulder was noted.                                                  
                                                                                                    

2001-03-23                     House Journal                      Page 0708
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 79                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 79                                                                              
    "An Act naming the Fred Zharoff Memorial Bridge."                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT 4DP                                                        623                             
 FN1: ZERO(DOT)                                                     623                             
                                                                                                    
Representative James moved and asked unanimous consent that SB 79                                   
be considered engrossed, advanced to third reading, and placed on                                   
final passage.  There being no objection, it was so ordered.                                        
                                                                                                    
SB 79 was read the third time.                                                                      
                                                                                                    
                                                                                                    
Representative Kott added his name as cross sponsor to SB 79.                                       
                                                                                                    
Representative Hudson moved and asked unanimous consent that all                                    
members be shown as cross sponsors to SB 79.  There being no                                        
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall SB 79 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SB 79                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, 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, Mulder, Murkowski, Ogan,                                          
Porter, Rokeberg, Scalzi, Stevens, Williams                                                         
                                                                                                    

2001-03-23                     House Journal                      Page 0709
Excused:  Morgan, Moses, Whitaker, Wilson                                                           
                                                                                                    
And so, SB 79 passed the House, was signed by the Speaker and Chief                                 
Clerk, and returned to the Senate.                                                                  
                                                                                                    
                                                                                                    
                         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 - Douglas Penn                                                                             
By Representatives Harris, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro,                                 
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott,                                      
Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg,                                       
Stevens, Williams, Wilson; Senator Lincoln                                                          
                                                                                                    
Honoring - Matthew Sharp, Eagle Scout                                                               
By Representatives Harris, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess,                                
Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski,                                        
Ogan, Rokeberg, Stevens, Williams, Wilson                                                           
                                                                                                    
Honoring - Domenik Sweat                                                                            
By Representatives Whitaker, Porter, Berkowitz, Bunde, Chenault,                                    
Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris,                                
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster,                                    
McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens,                                         
Williams, Wilson                                                                                    
                                                                                                    
Honoring - August G. "Augie" Hiebert, Alaskan of the Year                                           
By Senator Leman; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder,                                         
Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                                
                                                                                                    

2001-03-23                     House Journal                      Page 0710
Honoring - Azella Perryman, Alaskan Student of the Year                                             
By Senator Leman; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder,                                         
Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
Commemorating - National Correctional Officers Week, May 6-                                         
12, 2001                                                                                            
By Senator Torgerson; Representatives Porter, Berkowitz, Bunde,                                     
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
In Memoriam - Arnold "Arne" Espe                                                                    
By Representatives Bunde, Porter, Berkowitz, Chenault, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro,                               
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg,                                       
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
                                                                                                    
In Memoriam - Leo A. Land and Edna Land                                                             
By Representatives Kookesh, Kott, Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                
Kerttula, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan,                                       
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
                                                                                                    
In Memoriam - William Alex Stolt                                                                    
By Senators Leman, Halford; Representatives Porter, Berkowitz,                                      
Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                   
Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                   
Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Mulder,                                         
Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                        
                                                                                                    

2001-03-23                     House Journal                      Page 0711
In Memoriam - Emma Ann Nicholson                                                                    
By Senator Hoffman; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                
Kerttula, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski,                                       
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                                   
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Davies - from 7:00 p.m., plane time, today to                                        
9:30 a.m., plane time, March 26, 2001                                                               
                                                                                                    
HB 110                                                                                            
Representative James added her name as cosponsor to:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 110(JUD)                                                                  
    "An Act relating to driver's licenses and instructional permits; and                            
    providing for an effective date."                                                               
                                                                                                    
HB 115                                                                                            
Representatives Wilson and Cissna added their names as cosponsors                                   
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 160                                                                                            
Representatives Wilson and Meyer added their names as cosponsors                                    
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 160                                                                              
    "An Act requiring the reporting of induced terminations of                                      
    pregnancies."                                                                                   

2001-03-23                     House Journal                      Page 0712
HB 199                                                                                            
Representative Scalzi added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 199                                                                              
    "An Act relating to taxation, including taxation of income of                                   
    individuals, estates, and trusts; and providing for an effective                                
    date."                                                                                          
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 110                                                                                            
CSHB 110(JUD) 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.                                 
                                                                                                    
Minority Caucus                                            upon adj., 3/23                          
Majority Caucus          Speaker's Chamber               10:00 a.m., 3/24                           
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Resources Committee                                                                                 
1:00 p.m., CANCELED                                                                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., March 26, 2001.  There being no                                     
objection, the House adjourned at 10:47 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk