Legislature(2001 - 2002)

2002-01-22 House Journal

Full Journal pdf

2002-01-22                     House Journal                      Page 2023
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                   Tuesday              January 22, 2002                            
                                                                                                    
                               Ninth Day                                                       
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:46 a.m.                                                                                
                                                                                                    
Roll call showed 36 members present.  Representatives Kohring,                                      
Masek, and Scalzi had been previously excused from a call of the                                    
House today.  Representative Ogan was absent and his presence was                                   
noted later.                                                                                        
                                                                                                    
The invocation was offered by Pastor Daymond Geary of Restoration                                   
Grace Outreach Center.  Representative Davies moved and asked                                       
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it appears below:                                                               
                                                                                                    
    Our Father in heaven, as this assembly begins a new day of                                      
    debate and deliberation on matters of state, give each one a                                    
    measure of understanding and appreciation for one another.                                      
    Remind each that party lines represent differences of                                           
    idealogy, but each are still part of humanity.  Everyone needs                                  
    to be appreciated, respected, and loved.  May each one know                                     
    the experience of the prophet Isaiah.  In his words, "The                                       
    Sovereign Lord has given me an instructed tongue, to know                                       
    the words that sustain the weary.  He wakens me morning by                                      
    morning, wakens my ear to listen like one being taught."                                        
                                                                                                    
    The Bible states that the tongue is the power of life and death,                                
    blessing and curse.  I pray that each one will be generous in                                   
    praise and cautious in criticism.  As this assembly debates                                     
    issues, may wisdom prevail and self-respect remain intact.                                      
    Lord, keep each in a spirit of harmony so that each distinct                                    
    sound is tuned and heard at the right time thereby creating a                                   
    great symphony.  Bless this House of Representatives, each                                      

2002-01-22                     House Journal                      Page 2024
     one's family, and staff.  Bless this state and our nation.  In                                
    Jesus' Name.  Amen.                                                                             
                                                                                                    
The Pledge of Allegiance was led by Representative Coghill.                                         
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the fifth, sixth, seventh, and eighth legislative days and                              
Senate and House Joint Journal Supplement No. 8 be approved as                                      
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Health & Social Services                                                                   
Office of the Commissioner                                                                          
In Step - The Plan                                                                                  
Comprehensive Integrated Mental Health Plan                                                         
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Mining, Land, and Water                                                                 
2002 Report to the Legislature                                                                      
 Report on Identified RS 2477 Rights-of-Way                                                         
 (as required by AS 19.30.400)                                                                      
                                                                                                    
 Notification of Annual Mining Report                                                               
 (as required by AS 27.05.060)                                                                      
                                                                                                    
 Land Disposal Income Fund Report                                                                   
 (as required by AS 38.04.022)                                                                      
                                                                                                    
 Notification of Annual Report on                                                                   
  Water Removals and Exports                                                                        
 (as required by AS 46.15.020)                                                                      
                                                                                                    

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Dept. of Revenue                                                                                    
Alaska Housing Finance Corporation                                                                  
2001 Annual Report                                                                                  
(as required by AS 18.56.089)                                                                       
                                                                                                    
                                                                                                    
HB 242                                                                                            
Pursuant to the following:                                                                          
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN)                                                    
    "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."                                                                                          
                                                                                                    
    Chapter No. 57, SLA 2001                                                                        
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Administration                                                                             
Division of Retirement and Benefits                                                                 
Summary of Retirees Returned to Public Employment                                                   
January 8, 2002                                                                                     
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 30                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 30                                                                   
    Relating to an amendment to the Constitution of the United States                               
    prohibiting desecration of the Flag of the United States.                                       
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Wilson, Stevens, James, Fate, Coghill                                                 
                                                                                                    

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No recommendation (1):  Hayes                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House State Affairs Committee/Legislative Affairs Agency                                  
                                                                                                    
HJR 30 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
**The presence of Representative Ogan was noted.                                                    
                                                                                                    
                                                                                                    
                                                                                                    
HB 334                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 334                                                                              
    "An Act making appropriations for a grant to Arctic Power to                                    
    promote the opening of the Arctic National Wildlife Refuge for oil                              
    and gas exploration and development; and providing for an                                       
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 334(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
                                                                                                    
The report was signed by Representatives Williams and Mulder, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Williams, Mulder, Harris, Croft, Lancaster, Hudson,                                   
Foster                                                                                              
                                                                                                    
No recommendation (2):  Davies, Moses                                                               
                                                                                                    
                                                                                                    
HB 334 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

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                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - John M. Brower                                                                           
By Representative Meyer                                                                             
                                                                                                    
Honoring - Jacob Adams                                                                              
By Representative Joule; Senator Olson                                                              
                                                                                                    
Honoring - William Elliott                                                                          
By Representative Masek                                                                             
                                                                                                    
Honoring - Larry Erickson                                                                           
By Representative Lancaster                                                                         
                                                                                                    
Honoring - Stephany Thompson                                                                        
By Representative Masek                                                                             
                                                                                                    
Honoring - Alaska's 2002 Olympic Torchbearers                                                       
By Senator Elton; Representative Mulder                                                             
                                                                                                    
Honoring - Michelle Kennedy                                                                         
By Senator Taylor; Representative Wilson                                                            
                                                                                                    
                                                                                                    
In Memoriam - Kevin Christopher "Katinniq Atoruk"                                                   
By Representative Joule                                                                             
                                                                                                    
In Memoriam - Tommy Reed Corr III                                                                   
By Representative Lancaster                                                                         
                                                                                                    
In Memoriam - Milton "Turk" Turkington, Jr.                                                         
By Representatives Scalzi, Lancaster                                                                
                                                                                                    
In Memoriam - Michael K. McDonald                                                                   
By Senator Phillips; Representative Rokeberg                                                        
                                                                                                    
                                                                                                    

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               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HJR 32                                                                                            
HOUSE JOINT RESOLUTION NO. 32 by Representative Dyson:                                              
                                                                                                    
    Encouraging the United States Board on Geographic Names to                                      
    adopt place name changes proposed by the Alaska Historical                                      
    Commission.                                                                                     
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Resources Committees.                                                                   
                                                                                                    
                                                                                                    
HJR 33                                                                                            
HOUSE JOINT RESOLUTION NO. 33 by Representative James:                                              
                                                                                                    
    Expressing gratitude to President George W. Bush, to the                                        
    President's cabinet, and to the men and women of the United                                     
    States armed forces and declaring support for the war on                                        
    terrorism.                                                                                      
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
HJR 34                                                                                            
HOUSE JOINT RESOLUTION NO. 34 by Representative James:                                              
                                                                                                    
    Requesting the members of the Alaska delegation in the United                                   
    States Senate to urge the Majority Leader of the United States                                  
    Senate to allow President George W. Bush's economic security                                    
    package to receive a vote.                                                                      
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-22                     House Journal                      Page 2029
HJR 35                                                                                            
HOUSE JOINT RESOLUTION NO. 35 by Representative James:                                              
                                                                                                    
    Relating to urging the United States Congress to amend the tax                                  
    code to permanently repeal the death tax.                                                       
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 346                                                                                            
HOUSE BILL NO. 346 by Representative Masek, entitled:                                               
                                                                                                    
    "An Act relating to concealed handgun permittees."                                              
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 347                                                                                            
HOUSE BILL NO. 347 by Representative Coghill, entitled:                                             
                                                                                                    
    "An Act relating to benefits for state officers and employees                                   
    initially hired after June 30, 2002."                                                           
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 348                                                                                            
HOUSE BILL NO. 348 by Representative Croft, entitled:                                               
                                                                                                    
    "An Act relating to violations of domestic violence protective                                  
    orders."                                                                                        
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    

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HB 349                                                                                            
HOUSE BILL NO. 349 by Representative Dyson, entitled:                                               
                                                                                                    
    "An Act relating to agency programs and financial plans."                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The Speaker stated that, without objection, the House would stand at                                
ease; and so, the House stood at ease at 10:58 a.m.                                                 
                                                                                                    
                             AFTER AT EASE                                                       
                                                                                                    
The Speaker called the House back to order at 11:01 a.m.                                            
                                                                                                    
                                                                                                    
                       JOINT SESSION IN THE HOUSE                                                
                                                                                                    
In accordance with the Uniform Rule 51, Speaker Porter turned the                                   
gavel over to President Halford who called the joint session to order at                            
11:02 a.m.                                                                                          
                                                                                                    
The purpose of the joint session was to hear an address by the                                      
Honorable Ted Stevens, U.S. Senator.                                                                
                                                                                                    
Senator Leman moved and asked unanimous consent that the roll call                                  
of the Senate be waived and all members be shown as present.  There                                 
being no objection, it was so ordered.                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call of the House be waived and all members be shown as present.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
President Halford appointed Representative Kerttula and Senator                                     
Stevens to escort the Senator to the joint session.                                                 
                                                                                                    
The Senate Sergeant-at-Arms announced the Senator's entrance into                                   
the House Chamber.                                                                                  
                                                                                                    
Senator Stevens was escorted to the rostrum and welcomed by                                         
President Halford.                                                                                  

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Senator Stevens delivered his address and it is published in House &                                
Senate Joint Journal Supplement No. 9.                                                              
                                                                                                    
A question and answer period followed the conclusion of the Senator's                               
speech.                                                                                             
                                                                                                    
Senator Stevens received a standing ovation and was escorted from the                               
Chamber by Representative Kerttula and Senator Stevens.                                             
                                                                                                    
Senator Leman moved and asked unanimous consent that the joint                                      
session adjourn.  There being no objection, President Halford                                       
adjourned the joint session at 12:06 p.m.                                                           
                                                                                                    
The Speaker ordered the House at ease to allow members of the Senate                                
to leave the Chamber.                                                                               
                                                                                                    
                              IN THE HOUSE                                                       
                                                                                                    
The Speaker called the House back to order at 12:09 p.m.                                            
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 68                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 68                                                        
    "An Act relating to civil liability for transporting an intoxicated                             
    person or for driving an intoxicated person's motor vehicle; and                                
    providing for an effective date."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT CS(TRA) 5DP 1NR                                             784                            
 FN1: ZERO(LAW)                                                      784                            
 JUD RPT CS(JUD) NT 2DP 3NR                                        1085                             
 FN1: ZERO(LAW)                                                    1086                             
                                                                                                    

2002-01-22                     House Journal                      Page 2032
The Rules Committee submitted the following updated fiscal note:                                    
                                                                                                    
2.  Zero, Dept. of Law                                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    68(JUD)                                                                                         
    "An Act relating to accidents involving the vehicle of a person                                 
    under the influence of an alcoholic beverage; and providing for an                              
    effective date."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Rokeberg:                                             
                                                                                                    
Page 2, line 22:                                                                                    
 Delete "2001"                                                                                      
 Insert "2002"                                                                                      
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSSSHB 68(JUD)(efd am) be considered engrossed, advanced to third                                   
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSSHB 68(JUD)(efd am) was read the third time.                                                     
                                                                                                    
The question being:  "Shall CSSSHB 68(JUD)(efd am) pass the                                         
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSSSHB 68(JUD)(efd am)                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    

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Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster,                                  
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter,                                     
Rokeberg, Stevens, Whitaker, Williams, Wilson                                                       
                                                                                                    
Excused:  Kohring, Masek, Scalzi                                                                    
                                                                                                    
And so, CSSSHB 68(JUD)(efd am) 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.                                
                                                                                                    
                                                                                                    
Representative Davies gave notice of reconsideration of the vote on                                 
CSSSHB 68(JUD)(efd am).                                                                             
                                                                                                    
                                                                                                    
                         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 - Louise and Algot Anderson, 51st Wedding Anniversary                                      
By Representatives Stevens, Porter, Berkowitz, Bunde, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Halcro,                                     
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Rokeberg, Scalzi, Williams, Wilson; Senator Austerman                                               
                                                                                                    
                                                                                                    
In Memoriam - Earl Norris                                                                           
By Representatives Masek, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Halcro,                              
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                         
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         

2002-01-22                     House Journal                      Page 2034
In Memoriam - Myrle Sue Lagasse                                                                     
By Senator Austerman; Representatives Stevens, Porter, Berkowitz,                                   
Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                   
Foster, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                       
Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder,                                   
Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson                                                 
                                                                                                    
In Memoriam - Patricia Symonds                                                                      
By Senator Stevens; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster,                                  
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                               
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                                   
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Dyson - from 7:00 a.m., January 26 to 9:45 p.m.,                                     
January 27, 2002                                                                                    
                                                                                                    
Representative Masek - from noon, February 14 to 9:30 p.m., plane                                   
time, February 19, 2002                                                                             
                                                                                                    
Representative Ogan - from 2:05 p.m., February 14 to 9:35 p.m., plane                               
time, February 18, 2002 (amended from page 2014)                                                    
                                                                                                    
HCR 11                                                                                            
Representative Green added his name as cosponsor to:                                                
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 11                                                              
    Proposing an amendment to the Uniform Rules of the Alaska State                                 
    Legislature relating to the Education Committee, a standing                                     
    committee of the legislature.                                                                   
                                                                                                    
HJR 30                                                                                            
Representative Coghill added his name as cosponsor to:                                              
                                                                                                    

2002-01-22                     House Journal                      Page 2035
    HOUSE JOINT RESOLUTION NO. 30                                                                   
    Relating to an amendment to the Constitution of the United States                               
    prohibiting desecration of the Flag of the United States.                                       
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Health, Education & Social Services Committee                                                       
CANCELED                                                 3:00 p.m., 1/22                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., January 23, 2002.  There being no                                   
objection, the House adjourned at 12:30 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk