Legislature(2001 - 2002)
2001-04-17 House Journal
Full Journal pdf2001-04-17 House Journal Page 1007 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 17, 2001 One Hundredth Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:09 a.m. Roll call showed 31 members present. Representative McGuire had been previously excused from a call of the House today. Representative Ogan was excused from a call of the House today due to illness. Representatives Kohring, Kookesh, Moses, Mulder, and Williams were absent and their presence was noted later. Representative James moved and asked unanimous consent that Representatives Masek and Rokeberg's previously excused absences (pages 695 and 910) be extended until 9:30 p.m., plane time, today. There being no objection, it was so ordered. The invocation was offered by the Reverend Jim Hardenbrook, Chaplain, Idaho State House of Representatives. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: We always thank God for all of you, mentioning you in our prayers. We continually remember before our God and Father your work produced by faith, your labor prompted by love and your endurance inspired by hope. (I Thessalonians 1:2-3) Lord, I thank You for the everyday heroes who are out there this morning making a difference in this great state of Alaska. I thank You for the nurse who is giving a premature baby a chance to live and the physical therapist who is helping a stroke victim walk again. 2001-04-17 House Journal Page 1008 I thank You for teachers who are helping little ones find joy in reading and professors who are guiding amazing research projects. I thank You for moms and dads who helped with homework last night and packed sack lunches this morning … for Scout Masters and youth group leaders … for coaches and advisors … for good neighbors and good Samaritans … for clerks, secretaries, aides, and pages. And I thank You for these people standing here who represent those everyday heroes -- may they rise to the grand task of serving. Amen. The Pledge of Allegiance was led by Representative Dyson. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 95th, 96th, 97th, 98th, and 99th legislative days and House Journal Supplement No. 4 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 22 A message dated April 12, 2001, was read stating the Senate has passed CSHJR 22(RLS) with the following amendments and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(STA) am S Relating to a diverse community; condemning a recent racially motivated attack; and requesting the Municipality of Anchorage police department to continue their conclusive investigation and requesting the criminal justice system to take rapid action to reach the determination of this case. 2001-04-17 House Journal Page 1009 CSHJR 22(RLS) is under Unfinished Business. COMMUNICATIONS The following was received: Dept. of Administration Division of General Services Notification of Real Property Leases, Barrow, Alaska April 10, 2001 (as required by AS 36.30.080) REPORTS OF STANDING COMMITTEES HB 17 The State Affairs Committee has considered: HOUSE BILL NO. 17 "An Act relating to the capital projects fund, to distribution of money in the earnings reserve account of the Alaska permanent fund to the capital projects fund and to the dividend fund at the end of fiscal year 2001, and to increasing the amount of permanent fund dividends for calendar year 2001; and providing for an effective date." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (2): Stevens, Fate No recommendation (5): Wilson, Crawford, James, Hayes, Coghill The following fiscal note(s) apply: 1. Zero, Dept. of Revenue HB 17 was referred to the Finance Committee. 2001-04-17 House Journal Page 1010 HB 135 The Judiciary Committee has considered: HOUSE BILL NO. 135 "An Act relating to municipal fees for certain police protection services." and recommends it be replaced with: CS FOR HOUSE BILL NO. 135(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): James, Meyer No recommendation (3): Berkowitz, Coghill, Rokeberg The following fiscal note(s) apply to CSHB 135(JUD): 1. Zero, Dept. of Community & Economic Development HB 135 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Kookesh and Moses was noted. HB 200 The State Affairs Committee has considered: HOUSE BILL NO. 200 "An Act establishing July 3 as Drunk Driving Victims Remembrance Day." and recommends it be replaced with: CS FOR HOUSE BILL NO. 200(STA) (same title) 2001-04-17 House Journal Page 1011 The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (6): Wilson, Stevens, James, Hayes, Crawford, Coghill No recommendation (1): Fate The following fiscal note(s) apply to CSHB 200(STA): 1. Zero, House State Affairs Committee/Office of the Governor HB 200 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. HB 205 The Resources Committee has considered: HOUSE BILL NO. 205 "An Act relating to resource development and to grants for the purpose of promoting resource development from appropriations of a portion of the revenue derived from the extraction of certain state natural resources." and recommends it be replaced with: CS FOR HOUSE BILL NO. 205(RES) "An Act relating to resource development, to the new business incentive program, and to matching grants for the purpose of promoting resource development from appropriations of a portion of the revenue derived from the extraction of certain state natural resources." The report was signed by Representative Masek, Co-chair, with the following individual recommendations: Do pass (4): Chenault, McGuire, Fate, Masek 2001-04-17 House Journal Page 1012 No recommendation (2): Stevens, Green Amend (1): Kerttula The following fiscal note(s) apply to CSHB 205(RES): 1. Fiscal, Dept. of Natural Resources HB 205 was referred to the Finance Committee. **The presence of Representative Mulder was noted. HB 242 The State Affairs Committee has considered: HOUSE BILL NO. 242 "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (6): Wilson, Stevens, Crawford, James, Fate, Hayes No recommendation (1): Coghill The following fiscal note(s) apply: 1. Fiscal, Dept. of Administration HB 242 was referred to the Finance Committee. SJR 17 The State Affairs Committee has considered: 2001-04-17 House Journal Page 1013 CS FOR SENATE JOINT RESOLUTION NO. 17(STA) Relating to requesting that President Bush renounce and reverse Clinton Administration anti-gun-ownership policies and reorient the United States Department of Justice towards policies that accurately reflect the intent of the Second Amendment to the United States Constitution to grant individual Americans the right to keep and bear arms. The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (7): Wilson, Stevens, Crawford, James, Fate, Hayes, Coghill The following fiscal note(s) apply: 1. Zero, Senate State Affairs Committee CSSJR 17(STA) was referred to the Rules Committee for placement on the calendar. SB 65 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 65(FIN) "An Act requiring a study regarding equal pay for equal work of certain state employees." The report was signed by Representative Fate, Vice Chair, with the following individual recommendations: Do pass (6): Wilson, Stevens, Crawford, James, Hayes, Fate The following fiscal note(s) apply: 2. Fiscal, Senate Rules Committee/Dept. of Administration CSSB 65(FIN) was referred to the Finance Committee. 2001-04-17 House Journal Page 1014 REPORTS OF SPECIAL COMMITTEES HB 71 The House Special Committee on Education has considered: HOUSE BILL NO. 71 "An Act relating to the education of children with disabilities and of gifted children; relating to the Governor's Council on Disabilities and Special Education; making conforming amendments; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 71(EDU) "An Act relating to the education of children with disabilities and of gifted children and to the Governor's Council on Disabilities and Special Education; and providing for an effective date." The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (2): Joule, Guess Do not pass (1): Porter No recommendation (1): Bunde Amend (1): Green The following fiscal note(s) apply to CSHB 71(EDU): 1. Zero, Dept. of Education & Early Development HB 71 was referred to the Health, Education & Social Services Committee. 2001-04-17 House Journal Page 1015 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 246 HOUSE BILL NO. 246 by the House Labor & Commerce Committee by request, entitled: "An Act relating to confidentiality of records and to cease and desist orders of the division of insurance, to insurance company investments, to unauthorized insurers, to surplus lines insurance, to health insurance, to life insurance, to annuity insurance, to consumer credit insurance, to title insurance, and to hospital and medical service corporations; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 149 The following was read the second time: 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." with the: Journal Page STA RPT 4DP 2NR 1AM 682 FN1: ZERO(REV) 682 FN2: (COR) 682 FIN RPT CS(FIN) NT 4DP 2DNP 2NR 1AM 920 FN2: (COR) 921 FN3: (REV) 921 2001-04-17 House Journal Page 1016 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. 149(FIN) "An Act expressing legislative intent without the force of law regarding correctional facility space; relating to correctional facility space; 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; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Croft: Page 2, line 24, following "process" through line 28: Delete all material. Insert ". Notwithstanding other criteria, the competitive process must use cost to the state as the predominate factor and the ability to provide appropriate services for Native Alaskan inmates as a significant factor in evaluating the award." Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. **The presence of Representative Kohring was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 149(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 23 EXCUSED: 4 ABSENT: 0 2001-04-17 House Journal Page 1017 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess, Halcro, Hayes, Kerttula, Moses, Scalzi, Whitaker Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Porter, Stevens, Williams, Wilson Excused: Masek, McGuire, Ogan, Rokeberg Cissna changed from "Nay" to "Yea". Kapsner changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Croft: Page 2, lines 5 - 6: Delete "should be approximately $89 in current dollars;" Page 2, line 31 through page 3, line 1: Delete all material. Insert "(1) the lease must have a minimum of 800 prison beds; (2) the lease payments may not exceed $89, in current dollars, per day per inmate; (3) the lease payments must be sufficient to cover" Renumber the following paragraphs accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 149(FIN) Second Reading Amendment No. 2 YEAS: 14 NAYS: 21 EXCUSED: 4 ABSENT: 1 2001-04-17 House Journal Page 1018 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Green, Halcro, Hayes, Hudson, Kerttula, Moses, Murkowski, Scalzi, Whitaker Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan, Mulder, Porter, Stevens, Williams, Wilson Excused: Masek, McGuire, Ogan, Rokeberg Absent: Guess And so, Amendment No. 2 was not adopted. Amendment No. 3 (title amendment) was offered by Representative Davies: Page 1, line 1: Delete "without force of law" Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 149(FIN)(title am) "An Act expressing legislative intent regarding correctional facility space; relating to correctional facility space; 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; and providing for an effective date." Representative James moved and asked unanimous consent that CSHB 149(FIN)(title am) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 149(FIN)(title am) will advance to third reading on the April 18, 2001, calendar. 2001-04-17 House Journal Page 1019 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 - Sand Point Eagles Boys Basketball Team, 2001 1A Champions By Representatives Moses, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson In Memoriam - Dolly P. Jensen By Representatives Williams, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Wilson CONCUR IN SENATE AMENDMENTS HJR 22 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1008) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Relating to a diverse community; condemning a recent racially motivated attack; and requesting the Municipality of Anchorage police department to continue their conclusive investigation and requesting the criminal justice system to take rapid action to reach the determination of this case. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(STA) am S (same title) 2001-04-17 House Journal Page 1020 There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendments to CSHJR 22(RLS), thus adopting SCS CSHJR 22(STA) am S and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendments to CSHJR 22(RLS)?" The roll was taken with the following result: SCS CSHJR 22(STA) am S Concur YEAS: 5 NAYS: 30 EXCUSED: 4 ABSENT: 1 Yeas: Chenault, Coghill, Dyson, Kohring, Meyer Nays: Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Morgan, Mulder, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek, McGuire, Ogan, Rokeberg Absent: Moses And so, the House failed to concur in the Senate amendments, thus failing to adopt SCS CSHJR 22(STA) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. UNFINISHED BUSINESS HB 167 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: HOUSE BILL NO. 167 "An Act relating to license plates for Alaska National Guard personnel and for antique motor vehicles; relating to gold rush license plates; and providing for an effective date." 2001-04-17 House Journal Page 1021 HB 167 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 85 Representative Guess added her name as cosponsor to: HOUSE BILL NO. 85 "An Act relating to conduct directed at a school employee as an aggravating factor for criminal sentencing purposes." HB 173 Representative Morgan added his name as cosponsor to: HOUSE BILL NO. 173 "An Act relating to establishing a screening, tracking, and intervention program related to the hearing ability of newborns and infants; providing an exemption to licensure as an audiologist for certain persons performing hearing screening tests; relating to insurance coverage for newborn and infant hearing screening; and providing for an effective date." HB 226 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 226 "An Act relating to the employment of persons 14 years of age or older and under 19 years of age on licensed premises, including hotels, restaurants, or eating places; and relating to hours of work of minors under 16 years of age." HB 228 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 228 "An Act relating to the offense of selling or giving tobacco to a minor, to the accounting of fees from business license endorsements for tobacco products, to the disclosure of certain confidential cigarette and tobacco product information, to notification regarding a cigarette manufacturer's noncompliance with the tobacco product Master Settlement Agreement, to 2001-04-17 House Journal Page 1022 business license endorsements for sale of tobacco products, to citations and penalties for illegal sales of tobacco products; and providing for an effective date." HB 242 Representative Hayes added his name as cosponsor to: HOUSE BILL NO. 242 "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Rules Committee CONTINUED 1:00 p.m., 4/17 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 18, 2001. There being no objection, the House adjourned at 12:29 p.m. Suzi Lowell Chief Clerk