Legislature(2001 - 2002)

2002-01-28 House Journal

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2002-01-28                     House Journal                      Page 2077
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                    Monday                January 28, 2002                          
                                                                                                    
                               Fifteenth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 11:04 a.m.                                                                                
                                                                                                    
Roll call showed 31 members present.  Representatives Chenault,                                     
Joule, Kapsner, Kookesh, and Rokeberg had been previously excused                                   
from a call of the House today.  Representatives Hudson and Mulder                                  
were absent and their presence was noted later.                                                     
                                                                                                    
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 Masek - previously excused absence (page 2013)                                       
extended to 1:30 p.m. today.                                                                        
                                                                                                    
Representative Morgan - from today to 9:35 p.m., plane time,                                        
January 29, 2002                                                                                    
                                                                                                    
                                                                                                    
The invocation was offered by Pastor Gary Waterhouse of the Juneau                                  
and Sitka Seventh-day Adventist Churches.  Representative Coghill                                   
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it appears below:                                           
                                                                                                    
     O Lord, how full of wonder and splendor You are!                                               
     Everywhere we turn today we see reflections of Your beauty                                     
     and hear the sounds of Your glory, not only in the mountains                                   
     and glaciers and the wildlife, but also in the laughter of                                     
     children, the exuberance of youth, and the wisdom of our                                       
     elders.  Everything testifies to Your majesty and praise, and                                  
     Your love for us.  Thank You for that, Lord.                                                   

2002-01-28                     House Journal                      Page 2078
     You have provided all of our needs, everything we could ever                                   
     want.  You also have the answers to all of our problems.  May                                  
     we follow Your will today and all Your purposes so that right                                  
     thinking may result in right doing.  All of these things we ask                                
     You in Jesus' Name.  Amen.                                                                     
                                                                                                    
The Pledge of Allegiance was led by Representative Hayes.                                           
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 12th, 13th, and 14th legislative days and Senate and                                
House Joint Journal Supplement No. 10 be approved as certified by                                   
the Chief Clerk.  There being no objection, it was so ordered.                                      
                                                                                                    
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Community & Economic Development                                                           
Regulatory Commission of Alaska                                                                     
Annual Report Fiscal Year 2001                                                                      
(as required by AS 42.05.211 and AS 42.06.220)                                                      
                                                                                                    
Dept. of Transportation & Public Facilities                                                         
Alaska Marine Highway System                                                                        
Annual Financial Report                                                                             
Fiscal Year Ended June 30, 2001                                                                     
January 14, 2002                                                                                    
(as required by AS 19.65.070)                                                                       
                                                                                                    
The following audit reports were received from:                                                     
                                                                                                    
Division of Legislative Audit                                                                       
Legislative Budget & Audit Committee                                                                
www.legis.state.ak.us/legaud/web/default.htm                                                        
(as required by AS 24.20.311)                                                                       
                                                                                                    

2002-01-28                     House Journal                      Page 2079
Board of Governors of the Alaska Bar Association                                                    
Sunset Review                                                                                       
November 30, 2001                                                                                   
                                                                                                    
**The presence of Representative Hudson was noted.                                                  
                                                                                                    
Dept. of Community & Economic Development                                                           
 Board of Dispensing Opticians                                                                      
 Sunset Review                                                                                      
 September 20, 2001                                                                                 
                                                                                                    
 Regulatory Commission of Alaska                                                                    
 Sunset Review                                                                                      
 November 28, 2001                                                                                  
                                                                                                    
Dept. of Public Safety                                                                              
 Council on Domestic Violence and Sexual Assault                                                    
 October 31, 2001                                                                                   
                                                                                                    
 Division of Fish and Wildlife Protection                                                           
 Aircraft Section                                                                                   
 Various Issues                                                                                     
 November 5, 2001                                                                                   
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Wanda Fields, 80th Birthday                                                              
By Senator Austerman; Representative Stevens                                                        
                                                                                                    
In Memoriam - Barrow Morgan                                                                         
By Representative Foster; Senator Olson                                                             
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 361                                                                                            
HOUSE BILL NO. 361 by Representative Kott, entitled:                                                

2002-01-28                     House Journal                      Page 2080
     "An Act relating to pilot pay programs to attract and retain                                   
     exceptional state employees; and providing for an effective date."                             
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 362                                                                                            
HOUSE BILL NO. 362 by Representatives Murkowski and Kerttula,                                       
entitled:                                                                                           
                                                                                                    
     "An Act extending the termination date of the Board of Governors                               
     of the Alaska Bar Association."                                                                
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 363                                                                                            
HOUSE BILL NO. 363 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act providing for and relating to the issuance of general                                  
     obligation bonds for the purpose of paying the cost of construction                            
     and major maintenance for certain public school facilities; and                                
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
The Governor's transmittal letter dated January 25, 2002, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
Adequate school facilities are an important factor in the success of an                             
educational program.  To afford all Alaska students the opportunity to                              
learn in an environment that enhances their chances for success, I am                               

2002-01-28                     House Journal                      Page 2081
transmitting a bill to finance construction and major maintenance of                                
public schools.                                                                                     
                                                                                                    
This legislation authorizes a public vote on general obligation bonds to                            
tackle one third of the $641 million backlog of needed school                                       
construction and major maintenance projects across our state.  I                                    
propose this as the first of three installments to complete the entire                              
existing statewide Department of Education and Early Development                                    
priority lists within six years.                                                                    
                                                                                                    
This legislation specifically authorizes a vote in the 2002 general                                 
election on $212 million in general obligation (GO) bonds for schools.                              
An accompanying bill appropriates $210 million for the first eight                                  
school construction and 81 major maintenance projects on the                                        
statewide priority list.  This would make available approximately $101                              
million for fiscal year 2003 and approximately $109 million starting in                             
2004.   The remaining $2 million would pay the costs of bond sale and                               
issuance.  The debt service for these bonds will be paid from general                               
funds starting in fiscal year 2004.                                                                 
                                                                                                    
In recent years, school construction funding has come from a                                        
combination of new or unique funding sources for bonds (such as                                     
Alaska Housing Finance Corporation dividends and the tobacco                                        
settlement), and school debt reimbursement for urban districts funded                               
by tobacco taxes.  These revenue sources are not available this year.                               
                                                                                                    
The grant approach in this legislation is an improvement over the                                   
process used in previous years.  Communities will only provide the                                  
local share of the project cost -- approximately 30%.  Former school                                
debt reimbursement programs required districts to bond for the full                                 
project amount, using more of their local debt capacity than is actually                            
needed for the local share.  Local bonding is also more expensive than                              
using GO bonds because the state has a stronger credit rating than                                  
municipalities and can issue debt at lower cost.                                                    
                                                                                                    
More effective use of state dollars is made possible in this two-year                               
package by phasing school construction projects so that design is                                   
funded in the first year and construction thereafter. To assure                                     
bondholders and school districts that the specific projects proposed for                            
the bonds are fully funded, the major maintenance and school                                        

2002-01-28                     House Journal                      Page 2082
construction lists submitted under AS 14.11.011 will be frozen until                                
July 1, 2003.                                                                                       
                                                                                                    
This first phase of the six-year funding plan will emphasize rural and                              
urban school districts' critical major maintenance needs by completing                              
project priorities 1-60 in the first year and 61-81 in the second year.  It                         
is my hope that another bond package, similar to this one, will be                                  
addressed during each of the next two general election years to meet                                
the rest of the state's school construction and major maintenance needs                             
in the near future.                                                                                 
                                                                                                    
We have a responsibility to provide Alaska's children with both the                                 
academic programs and the educational facilities they need to be                                    
successful.  We are making significant progress improving the quality                               
of education and I urge your prompt and favorable action on this                                    
measure to make similar progress on our statewide elementary and                                    
secondary school facilities.                                                                        
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                 Governor"                                                         
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                    SECOND READING OF HOUSE RESOLUTIONS                                          
                                                                                                    
HCR 12                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 12                                                             
     Relating to the preservation of employment opportunities for                                   
     United States longshoremen with respect to unloading and loading                               
     of foreign vessels.                                                                            
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 L&C RPT 6DP                                                          2063                          
 FN1: ZERO(H.L&C)                                                     2063                          
                                                                                                    

2002-01-28                     House Journal                      Page 2083
**The presence of Representative Mulder was noted.                                                  
                                                                                                    
The question being:  "Shall HCR 12 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 12                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  1   EXCUSED:  7   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies,                                  
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Kerttula, Kott, Lancaster, McGuire, Meyer, Moses, Mulder,                                    
Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams,                                       
Wilson                                                                                              
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Chenault, Joule, Kapsner, Kookesh, Masek, Morgan,                                         
Rokeberg                                                                                            
                                                                                                    
And so, HCR 12 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 - Tony and Debbie Cortes                                                                   
By Representatives Stevens, Porter, Berkowitz, Bunde, Cissna,                                       
Crawford, Croft, Davies, Dyson, Halcro, Hudson, James, Joule,                                       
Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Morgan, Mulder, Murkowski, Wilson; Senator Austerman                                                
                                                                                                    
Honoring - Ernest E. Hall                                                                           
By Representatives Halcro, Porter, Berkowitz, Bunde, Cissna,                                        
Crawford, Croft, Davies, Dyson, Guess, Hudson, James, Joule,                                        
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire,                                      
Meyer, Morgan, Mulder, Murkowski, Stevens, Wilson                                                   
                                                                                                    

2002-01-28                     House Journal                      Page 2084
Honoring - The 2001 State Football Champions The Dimond High                                        
Lynx                                                                                                
By Representatives McGuire, Porter, Berkowitz, Bunde, Cissna,                                       
Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Hudson,                                       
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Meyer, Morgan, Mulder, Murkowski, Stevens, Wilson                                                   
                                                                                                    
Honoring - Jesse Frankson                                                                           
By Representatives Joule, Porter, Berkowitz, Bunde, Cissna,                                         
Crawford, Croft, Davies, Dyson, Guess, Halcro, Hudson, James,                                       
Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Morgan, Mulder, Murkowski, Stevens, Wilson                                                          
                                                                                                    
Commemorating - Black History Month                                                                 
By Senator Davis; Representatives Porter, Berkowitz, Bunde, Cissna,                                 
Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Hudson,                                       
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
McGuire, Meyer, Morgan, Mulder, Murkowski, Stevens, Wilson                                          
                                                                                                    
                                                                                                    
In Memoriam - Peter Mark                                                                            
By Representatives Morgan, Porter, Berkowitz, Bunde, Cissna,                                        
Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Hudson,                                     
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Mulder, Murkowski, Stevens, Wilson; Senator Lincoln                                          
                                                                                                    
                                                                                                    
In Memoriam - Omega "Micky" Bennett                                                                 
By Senator Davis; Representatives Porter, Berkowitz, Bunde, Cissna,                                 
Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Hudson,                                     
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Mulder, Murkowski, Stevens, Wilson                                                   
                                                                                                    
                                                                                                    
In Memoriam - Charles Hord                                                                          
By Senator Davis; Representatives Porter, Berkowitz, Bunde, Cissna,                                 
Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Hudson,                                     
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Mulder, Murkowski, Stevens, Wilson                                                   
                                                                                                    

2002-01-28                     House Journal                      Page 2085
                            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 Berkowitz - from 7:10 a.m., February 5 to 6:43 p.m.,                                 
plane time, February 9, 2002                                                                        
                                                                                                    
Representative Bunde - from 7:30 p.m., January 30 to 9:30 a.m., plane                               
time, February 4, 2002                                                                              
                                                                                                    
Representative Green - from noon, February 2 to 9:00 p.m., plane                                    
time, February 8, 2002                                                                              
                                                                                                    
Representative Kott - from noon, January 31 to 9:41 a.m., plane time,                               
February 4, 2002                                                                                    
                                                                                                    
Representative Murkowski - from 2:05 p.m., March 7 to 9:35 p.m.,                                    
plane time, March 12, 2002                                                                          
                                                                                                    
HB 278                                                                                            
Representative Davies moved and asked unanimous consent to                                          
withdraw the following:                                                                             
                                                                                                    
     HOUSE BILL NO. 278                                                                             
     "An Act relating to service in the peace corps as an allowable                                 
     absence from the state for purposes of eligibility for permanent                               
     fund dividends; and providing for an effective date."                                          
                                                                                                    
There being no objection, HB 278 was withdrawn.                                                     
                                                                                                    
HCR 12                                                                                            
Representatives Stevens and Williams added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 12                                                             
     Relating to the preservation of employment opportunities for                                   
     United States longshoremen with respect to unloading and loading                               
     of foreign vessels.                                                                            

2002-01-28                     House Journal                      Page 2086
HB 197                                                                                            
Representatives Crawford and Lancaster added their names as                                         
cosponsors to:                                                                                      
                                                                                                    
     HOUSE BILL NO. 197                                                                             
     "An Act relating to directives for personal health care services and                           
     for medical treatment."                                                                        
                                                                                                    
HB 292                                                                                            
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 292                                                                             
     "An Act relating to child care grants; and providing for an                                    
     effective date."                                                                               
                                                                                                    
                                                                                                    
HB 305                                                                                            
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 305                                                                             
     "An Act prohibiting certain state employment, a student loan, or a                             
     permanent fund dividend for a person who fails to register for the                             
     military selective service; and providing for an effective date."                             
                                                                                                    
HB 314                                                                                            
Representative Davies added his name as joint prime sponsor to:                                     
                                                                                                    
     HOUSE BILL NO. 314                                                                             
     "An Act relating to service in the peace corps as an allowable                                 
     absence from the state for purposes of eligibility for permanent                               
     fund dividends; and providing for an effective date."                                          
                                                                                                    
                                                                                                    
HB 317                                                                                            
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 317                                                                             
     "An Act relating to stalking and amending Rule 4, Alaska Rules of                              
       Civil Procedure, and Rule 9, Alaska Rules of Administration."                               
                                                                                                    

2002-01-28                     House Journal                      Page 2087
HB 341                                                                                            
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 341                                                                             
     "An Act relating to assault in the fourth degree that is a crime                               
     involving domestic violence."                                                                  
                                                                                                    
HB 348                                                                                            
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 348                                                                             
     "An Act relating to violations of domestic violence protective                                 
     orders."                                                                                       
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
HCR 12                                                                                            
HCR 12 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                               ANNOUNCEMENTS                                                     
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber                5:00 p.m., 1/28                          
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., January 30, 2002.  There being no                                   
objection, the House adjourned at 11:32 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk