Legislature(2001 - 2002)

2001-03-28 House Journal

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2001-03-28                     House Journal                      Page 0751
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday               March 28, 2001                             
                                                                                                    
                             Eightieth Day                                                     
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:05 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representatives Croft,                                        
Kapsner, Kott, Masek, and Ogan were absent and their presence was                                   
noted later.                                                                                        
                                                                                                    
The invocation was offered by Pastor Rod Whitehead of Restoration                                   
Grace Outreach Center.  Representative Green moved and asked                                        
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it appears below:                                                               
                                                                                                    
    Father, thank You for the opportunity to pray for these leaders                                 
    of our state.  I am both honored and humbled to pray for them.                                  
    I know they diligently give their time and energy to make this                                  
    state a better place.  In the past I, myself, have given them                                   
    little thought, but coming here I have felt Your love for them                                  
    and know that You have given them much thought.  For these                                      
    are the ones who pass legislation and put into motion the                                       
    things that affect the future of our state.                                                     
                                                                                                    
    Father, in Your word You say:  "For my thoughts are not your                                    
    thoughts, neither are your ways my ways, declares the Lord.                                     
    As the heavens are higher than the earth, so are my ways                                        
       higher than your ways and my thoughts than your thoughts."                                  
                                                                                                    
    You have also given us a promise in Your word that says:                                        
    "Commit to the Lord whatever you do, and your plans will                                        
    succeed."                                                                                       
                                                                                                    
    Father, You love these men and women, and You have                                              
    established them in this hour to lead our state.  Now I ask that                                

2001-03-28                     House Journal                      Page 0752
    You would continue to fill them with Your thoughts and bless                                    
    the work of their hands.  May they accomplish all that needs                                    
    to be done during the remaining 40 days of this session.                                        
    Again, I ask You to bless these leaders, their staff, and                                       
    households.  May their time of serving be rich.  In Jesus'                                      
    precious name I pray.  Amen.                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Williams.                                        
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 79th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HCR 6                                                                                             
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    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.                                               
                                                                                                    
    Legislative Resolve No. 11                                                                      
                                                                                                    
                                                                                                    
HB 117                                                                                            
A message dated March 27, 2001, was read stating the Governor has                                   
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 117(FIN)                                                    
    "An Act making supplemental and other appropriations; and                                       
    providing for an effective date."                                                               

2001-03-28                     House Journal                      Page 0753
    Chapter No. 3, SLA 2001                                                                         
    Effective Date:  March 28, 2001                                                                 
                                                                                                    
SCR 2                                                                                             
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO. 2(HES)                                                  
    Relating to declaring March 2001 as Sobriety Awareness Month.                                   
                                                                                                    
    Legislative Resolve No. 10                                                                      
                                                                                                    
SCR 4                                                                                             
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA)                                                  
    Relating to declaring April 6, 2001, as Alaska Tartan Day.                                      
                                                                                                    
    Legislative Resolve No. 9                                                                       
                                                                                                    
SJR 6                                                                                             
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                                 
    6(FIN)                                                                                          
    Urging the Congress of the United States to provide federal                                     
    education funds as a block grant to the state.                                                  
                                                                                                    
    Legislative Resolve No. 14                                                                      
                                                                                                    
SJR 7                                                                                             
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    

2001-03-28                     House Journal                      Page 0754
    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.                                                                                        
                                                                                                    
    Legislative Resolve No. 12                                                                      
                                                                                                    
                                                                                                    
SJR 8                                                                                             
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                                 
    8(MLV) am H                                                                                     
    Relating to supporting polling places at military installations.                               
                                                                                                    
    Legislative Resolve No. 8                                                                       
                                                                                                    
**The presence of Representative Kapsner was noted.                                                 
                                                                                                    
                                                                                                    
SJR 9                                                                                             
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    SENATE JOINT RESOLUTION NO. 9                                                                   
    Relating to the development and deployment of the National                                      
    Missile Defense System.                                                                         
                                                                                                    
    Legislative Resolve No. 7                                                                       
                                                                                                    
                                                                                                    
SJR 12                                                                                            
A message dated March 27, 2001, was read stating the Governor is                                    
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    

2001-03-28                     House Journal                      Page 0755
    SENATE JOINT RESOLUTION NO. 12(title am)                                                        
    Urging the United States Congress to amend the tax code to                                      
    eliminate the marriage penalty.                                                                 
                                                                                                    
    Legislative Resolve No. 13                                                                      
                                                                                                    
SB 52                                                                                             
A message dated March 27, 2001, was read stating the Governor has                                   
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    CS FOR SENATE BILL NO. 52(FIN) am                                                               
    "An Act extending the termination date of the State Physical                                    
    Therapy and Occupational Therapy Board."                                                        
                                                                                                    
    Chapter No. 5, SLA 2001                                                                         
    Effective Date:  June 25, 2001                                                                  
                                                                                                    
                                                                                                    
SB 84                                                                                             
A message dated March 27, 2001, was read stating the Governor has                                   
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    CS FOR SENATE BILL NO. 84(FIN)                                                                  
    "An Act exempting certain joint action agencies from regulation                                 
    by the state or municipalities; relating to the relationship between                            
    certain joint action agencies and the public utilities that form the                            
    joint action agencies; relating to powers and immunities of certain                             
    joint action agencies; requiring filing of certain joint action agency                          
    agreements; relating to the financial affairs of certain joint action                           
    agencies; declaring certain joint action agencies to be political                               
    subdivisions for certain purposes; relating to liability and                                    
    indemnification of officers, employees, and agents of certain joint                             
    action agencies; and defining 'agency agreement' and 'parties to                                
    the agency agreement' as used with reference to certain joint                                   
    action agencies."                                                                               
                                                                                                    
    Chapter No. 4, SLA 2001                                                                         
    Effective Date:  June 25, 2001                                                                  

2001-03-28                     House Journal                      Page 0756
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Select Committee on Legislative Ethics                                                              
Open Meetings Guidelines for the                                                                    
 Alaska State Legislature                                                                           
March 12, 2001                                                                                      
                                                                                                    
**The presence of Representative Ogan was noted.                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 98                                                                                             
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 98                                                                               
    "An Act relating to the award of a high school diploma to certain                               
    World War II veterans."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 98(MLV)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Coghill, Wilson, Cissna, Joule, Stevens, Dyson                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 98(MLV):                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 98 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
SB 112                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    

2001-03-28                     House Journal                      Page 0757
    CS FOR SENATE BILL NO. 112(FIN)                                                                 
    "An Act placing certain employees of the Alaska Mental Health                                   
    Trust Authority in the exempt service; establishing a minimum                                   
    salary for the long term care ombudsman; and providing for an                                   
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Coghill, Wilson, Cissna, Joule, Dyson                                                 
                                                                                                    
No recommendation (1):  Stevens                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
CSSB 112(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Bryan Carey                                                                              
By Representative McGuire                                                                           
                                                                                                    
                                                                                                    
Honoring - Misty Dutton                                                                             
By Representative Green                                                                             
                                                                                                    
                                                                                                    
Honoring - Nick Bailey                                                                              
By Representative Green                                                                             
                                                                                                    
                                                                                                    
Honoring - Andre Coulombe                                                                           
By Representative Green                                                                             

2001-03-28                     House Journal                      Page 0758
Honoring - Orion Walters                                                                            
By Representative Green                                                                             
                                                                                                    
                                                                                                    
Honoring - Tyler Don Davis, Eagle Scout                                                             
By Representative Williams; Senator Taylor                                                          
                                                                                                    
                                                                                                    
Honoring - John M. "Jack" Anderson, Outstanding Alaskan Award                                       
By Senator Leman                                                                                    
                                                                                                    
**The presence of Representatives Croft and Masek was noted.                                        
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 219                                                                                            
HOUSE BILL NO. 219 by Representative Fate, entitled:                                                
                                                                                                    
    "An Act relating to mental health treatment facilities; repealing                               
    the termination date of the mental health treatment assistance                                  
    program; and providing for an effective date."                                                  
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
SB 112                                                                                            
The Speaker added a Finance Committee referral to the following:                                    
                                                                                                    
    CS FOR SENATE BILL NO. 112(FIN)                                                                 
    "An Act placing certain employees of the Alaska Mental Health                                   
    Trust Authority in the exempt service; establishing a minimum                                   
    salary for the long term care ombudsman; and providing for an                                   
    effective date."                                                                                
                                                                                                    
CSSB 112(FIN) was removed from the Rules Committee and referred                                     
to the Finance Committee.                                                                           
                                                                                                    

2001-03-28                     House Journal                      Page 0759
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 81                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 81                                                                               
    "An Act extending the termination date of the Board of Dental                                   
    Examiners."                                                                                     
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 5DP 1NR                                          495                            
 FN1: ZERO(CED)                                                      495                            
 FIN RPT CS(FIN) NT 8DP 1NR                                          723                            
 FN2: (CED)                                                          723                            
                                                                                                    
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
                                                                                                    
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. 81(FIN)                                                                   
    "An Act extending the termination date of the Board of Dental                                   
    Examiners; relating to the Board of Dental Examiners and                                        
    regulation of the practice of dentistry; and relating to dental                                 
    hygienists and dental assistants."                                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
81(FIN) be considered engrossed, advanced to third reading, and                                     
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 81(FIN) was read the third time.                                                               
                                                                                                    
                                                                                                    

2001-03-28                     House Journal                      Page 0760
The question being:  "Shall CSHB 81(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 81(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   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, Morgan, Moses, Mulder,                                            
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Williams, Wilson                                                                                    
                                                                                                    
Ogan changed from "Nay" to "Yea".                                                                   
                                                                                                    
And so, CSHB 81(FIN) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Alaska Psychiatric Institute                                                             
By Representatives Cissna, Porter, Berkowitz, Bunde, Chenault,                                      
Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes,                                       
Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster,                                  
McGuire, Meyer, Morgan, Murkowski, Rokeberg, Stevens, Williams,                                     
Wilson                                                                                              
                                                                                                    
Honoring - The Servicemen and Servicewomen Participating in                                         
Northern Edge 2001                                                                                  
By Representatives Coghill, Porter, Berkowitz, Bunde, Chenault,                                     
Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro,                                 
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                         
Rokeberg, Stevens, Williams, Wilson                                                                 

2001-03-28                     House Journal                      Page 0761
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Kohring - from 9:57 a.m., plane time, March 29 to                                    
2:58 p.m., plane time, April 2, 2001                                                                
                                                                                                    
Representative Stevens - from 1:30 p.m., plane time, April 12 to                                    
9:34 p.m., plane time, April 16, 2001                                                               
                                                                                                    
Representative Hudson - from 7:14 p.m., plane time, March 30 to                                     
1:45 p.m., plane time, April 1, 2001                                                                
                                                                                                    
                                                                                                    
HJR 13                                                                                            
Representative James removed her name as cosponsor to:                                              
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 13                                                                   
    Urging the President and the United States Congress to uphold                                   
    Alaska's right to 90 percent of the royalties from oil, gas, and                                
    mineral leasing on federal land in Alaska.                                                      
                                                                                                    
HB 53                                                                                             
Representative Green added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 53                                                                               
    "An Act establishing the Alaska Seismic Hazards Safety                                          
    Commission."                                                                                    
                                                                                                    
HB 81                                                                                             
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
    CS FOR HOUSE BILL NO. 81(FIN)                                                                   
    "An Act extending the termination date of the Board of Dental                                   
    Examiners; relating to the Board of Dental Examiners and                                        
    regulation of the practice of dentistry; and relating to dental                                 
    hygienists and dental assistants."                                                              
                                                                                                    

2001-03-28                     House Journal                      Page 0762
HB 111                                                                                            
Representative Lancaster added his name as cosponsor to:                                            
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 111                                                       
    "An Act relating to civil liability for injuries or death resulting                             
    from livestock activities."                                                                     
                                                                                                    
HB 149                                                                                            
Representative Green added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 149                                                                              
    "An Act relating to correctional facility space and to authorizing                              
    the Department of Corrections to enter into an agreement to lease                               
    facilities for the confinement and care of prisoners within the                                 
    Kenai Peninsula Borough."                                                                       
                                                                                                    
HB 197                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 197                                                                              
    "An Act relating to directives for personal health care services and                            
    for medical treatment."                                                                         
                                                                                                    
                                                                                                    
HB 203                                                                                            
Representative Lancaster added his name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 203                                                                              
    "An Act making an appropriation to the Legislative Council for a                                
    study of school district cost factors; and providing for an effective                           
    date."                                                                                          
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 81                                                                                             
CSHB 81(FIN) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
                                                                                                    

2001-03-28                     House Journal                      Page 0763
                             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 29, 2001.  There being no                                     
objection, the House adjourned at 10:31 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk