Legislature(2001 - 2002)
2002-03-26 House Journal
Full Journal pdf2002-03-26 House Journal Page 2677 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday March 26, 2002 Seventy-second Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:27 a.m. Roll call showed 37 members present. Representative Ogan had been previously excused from a call of the House today. Representatives Halcro and Mulder were absent and their presence was noted later. The invocation was offered by the Reverend Kathleen Wakefield of the Church of the Holy Trinity. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Loving God, we pray for the members of this body. We pray for courage, we pray for compassion. We pray for integrity and honor. We pray for the ability to listen to each other and to hear the needs of the voiceless. We pray for all these people, that You will grant them the gifts needed to complete this work they have undertaken and fill them with Your grace. And we pray for the gift of laughter, which lightens, heals, and soothes our souls. Amen. The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 71st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 2002-03-26 House Journal Page 2678 COMMUNICATIONS The following were received: Dept. of Community & Economic Development Division of Banking, Securities, and Corporations Alaska Growth Capital BIDCO, Inc. Economic Development Effect March 15, 2002 (as required by AS 10.13.590) Alaska Industrial Development and Export Authority Alaska Energy Authority (AIDEA/AEA) 2001 Annual Report (as required by AS 44.83.940 & AS 44.88.210) REPORTS OF STANDING COMMITTEES HB 207 The Rules Committee has considered: HOUSE BILL NO. 207 "An Act relating to the judicial districts of the state." and recommends it be replaced with: CS FOR HOUSE BILL NO. 207(RLS) "An Act moving election district 24 as described in the Constitution of the State of Alaska at statehood from the Second Judicial District to the Fourth Judicial District and adding the Nabesna area to the Third Judicial District and removing it from the Fourth Judicial District." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): McGuire, Morgan, Kott No recommendation (1): Berkowitz 2002-03-26 House Journal Page 2679 The following fiscal note(s) apply to CSHB 207(RLS): 2. Zero, Alaska Court System HB 207 was returned to the Rules Committee for placement on the calendar. HB 303 The Finance Committee has considered: HOUSE BILL NO. 303 "An Act relating to the levy and collection of a sales tax; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 303(FIN) "An Act relating to the levy and collection of a sales tax and a use tax and to levy and collection of municipal sales and use taxes; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Bunde, Whitaker, Lancaster, Mulder Do not pass (5): Croft, Davies, Moses, Hudson, Foster No recommendation (2): Harris, Williams The following fiscal note(s) apply to CSHB 303(FIN): 2. Fiscal, Dept. of Revenue HB 303 was referred to the Rules Committee for placement on the calendar. HB 304 The Finance Committee has considered: 2002-03-26 House Journal Page 2680 HOUSE BILL NO. 304 "An Act relating to disposition of income of the permanent fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 304(FIN) "An Act relating to the education fund and the infrastructure and economic development fund, to the market value of the permanent fund, and to distribution of the income of the permanent fund; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Bunde, Whitaker, Lancaster, Hudson, Mulder Do not pass (1): Foster No recommendation (2): Harris, Moses Amend (3): Croft, Davies, Williams The following fiscal note(s) apply to CSHB 304(FIN): Fiscal note(s) forthcoming. HB 304 was referred to the Rules Committee for placement on the calendar. HB 373 The Judiciary Committee has considered: HOUSE BILL NO. 373 "An Act relating to marijuana and controlled substances and forfeitures related to controlled substances." and recommends it be replaced with: 2002-03-26 House Journal Page 2681 CS FOR HOUSE BILL NO. 373(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): James, Rokeberg No recommendation (1): Coghill Amend (1): Berkowitz The following fiscal note(s) apply to CSHB 373(JUD): 1. Zero, Dept. of Law 2. Zero, Dept. of Public Safety HB 373 was referred to the Rules Committee for placement on the calendar. HB 474 The Resources Committee has considered: HOUSE BILL NO. 474 "An Act relating to public rights-of-way and easements for surface transportation affecting the Anchorage Coastal Wildlife Refuge." and recommends it be replaced with: CS FOR HOUSE BILL NO. 474(CRA) (same title) The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (3): Green, McGuire, Scalzi No recommendation (3): Stevens, Chenault, Masek Amend (1): Kerttula 2002-03-26 House Journal Page 2682 The following fiscal note(s) apply to CSHB 474(CRA): 1. Zero, House Community & Regional Affairs Committee HB 474 was referred to the Rules Committee for placement on the calendar. HB 508 The Resources Committee has considered: HOUSE BILL NO. 508 "An Act relating to publication of results of testing for paralytic shellfish poisoning by the Department of Environmental Conservation and to participation of the Department of Environmental Conservation in the development of operating plans of qualified regional dive fishery associations." The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (7): Kerttula, Chenault, Fate, Green, Stevens, Masek, Scalzi The following fiscal note(s) apply: 1. Zero, Dept. of Environmental Conservation HB 508 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Halcro was noted. SB 37 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 37(FIN) "An Act relating to collective negotiation by competing physicians with health benefit plans, to health benefit plan contracts, to the application of antitrust laws to agreements involving providers 2002-03-26 House Journal Page 2683 and groups of providers affected by collective negotiations, and to the effect of the collective negotiation provisions on health care providers." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 37(L&C) (same title) The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do not pass (1): Crawford No recommendation (5): Rokeberg, Meyer, Hayes, Halcro, Murkowski The following fiscal note(s) apply to HCS CSSB 37(L&C): 6. Zero, Dept. of Administration 7. Fiscal, Dept. of Community & Economic Development 8. Fiscal, Dept. of Law CSSB 37(FIN) was referred to the Judiciary Committee. SB 343 The Resources Committee has considered: CS FOR SENATE BILL NO. 343(RES) "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date." 2002-03-26 House Journal Page 2684 The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (7): Stevens, Green, McGuire, Fate, Chenault, Masek, Scalzi Amend (1): Kerttula The following fiscal note(s) apply: 1. Zero, Dept. of Environmental Conservation CSSB 343(RES) was referred to the Rules Committee for placement on the calendar. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 511 HOUSE BILL NO. 511 by the House Finance Committee, entitled: "An Act relating to special medical parole and prisoners who are severely medically or mentally disabled." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 512 HOUSE BILL NO. 512 by the House Finance Committee, entitled: "An Act relating to cigarette sales; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. 2002-03-26 House Journal Page 2685 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 348 The following was read the second time: HOUSE BILL NO. 348 "An Act relating to violations of domestic violence protective orders." with the: Journal Page JUD RPT 3DP 3NR 2402 FN1: ZERO(ADM) 2402 FN2: ZERO(LAW) 2402 Representative James moved and asked unanimous consent that HB 348 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 348 was read the third time. **The presence of Representative Mulder was noted. The question being: "Shall HB 348 pass the House?" The roll was taken with the following result: HB 348 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan 2002-03-26 House Journal Page 2686 And so, HB 348 passed the House and was referred to the Chief Clerk for engrossment. HB 416 The following was read the second time: HOUSE BILL NO. 416 "An Act relating to reemployment of and benefits for retired teachers and principals who participated in retirement incentive programs; and providing for an effective date." with the: Journal Page EDU RPT CS(EDU) 4DP 2437 FN1: ZERO(ADM) 2437 FN2: ZERO(EED) 2437 HES RPT CS(HES) NT 3DP 2NR 2AM 2577 FN1: ZERO(ADM) 2578 FN2: ZERO(EED) 2578 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 416(HES) "An Act relating to reemployment of and benefits for retired teachers and principals who participated in retirement incentive programs and to the employment as teachers of members of the public employees' retirement system who participated in a retirement incentive program; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Bunde and Coghill: Page 2, line 21: Delete "a new subsection" Insert "new subsections" 2002-03-26 House Journal Page 2687 Page 2, following line 27: Insert a new subsection to read: "(e) A retired teacher who participated in a retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, and who is subsequently reemployed under this section shall be paid at the rate new teachers are paid according to the negotiated salary schedule of the school district or regional education attendance area that hires the teacher." Page 2, line 30, following "AS 14.25.043(d)": Insert "and 14.25.043(e)" Representative Bunde moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Stevens objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 416(HES) Second Reading Amendment No. 1 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Foster, Green, Harris, Kohring, Kookesh, Lancaster, McGuire, Meyer, Mulder, Porter, Rokeberg, Scalzi, Williams Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek, Morgan, Moses, Murkowski, Stevens, Whitaker, Wilson Excused: Ogan And so, Amendment No. 1 was not adopted. Representative James moved and asked unanimous consent that CSHB 416(HES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2002-03-26 House Journal Page 2688 CSHB 416(HES) was read the third time. The question being: "Shall CSHB 416(HES) pass the House?" The roll was taken with the following result: CSHB 416(HES) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, CSHB 416(HES) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 416(HES) was referred to the Chief Clerk for engrossment. HB 480 The following was read the second time: HOUSE BILL NO. 480 "An Act providing that the death of a state employee killed because of their job status off the job site shall be considered an occupational death for purposes of survivor's pension benefits." with the: Journal Page STA RPT CS(STA) NT 7DP 2618 FN1: ZERO(ADM) 2618 2002-03-26 House Journal Page 2689 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 480(STA) "An Act providing that the death of an employee killed because of the employee's job status shall be considered an occupational death for purposes of survivor's pension benefits in the teachers' retirement system and the public employees' retirement system." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 480(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 480(STA) was read the third time. The question being: "Shall CSHB 480(STA) pass the House?" The roll was taken with the following result: CSHB 480(STA) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, CSHB 480(STA) passed the House and was referred to the Chief Clerk for engrossment. 2002-03-26 House Journal Page 2690 LEGISLATIVE CITATIONS Representative James moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - "Captain" James "Jim" B. Denegree By Representatives Fate, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, 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 Bunde - from 6:56 p.m., March 28 to 9:30 p.m., plane time, March 31, 2002 Representative Green - from 8:00 a.m. to 9:00 p.m., plane time, April 1, 2002 Representative Whitaker - from 7:00 p.m., March 28 to 10:00 a.m., plane time, April 1, 2002 Representative Chenault - from 6:30 a.m., March 27 to 9:30 p.m., plane time, April 1, 2002 (amended from page 2348) Representative Crawford - from 7:09 a.m., March 29 to 9:30 p.m., plane time, March 31, 2002 (amended from page 2493) HB 20 The Finance Committee submitted the forthcoming fiscal note(s) to accompany their report (page 2665): 2002-03-26 House Journal Page 2691 3. Fiscal, Dept. of Corrections 4. Fiscal, Dept. of Community & Economic Development 5. Fiscal, Dept. of Community & Economic Development 6. Fiscal, Dept. of Community & Economic Development for: CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to organization grants to cities, to state aid to unincorporated communities, and to municipal dividends; and providing for an effective date." HB 20 is in the Rules Committee. HB 348 Representatives Hayes and Murkowski added their names as cosponsors to: HOUSE BILL NO. 348 "An Act relating to violations of domestic violence protective orders." HB 448 Representatives Guess and Wilson added their names as cosponsors to: HOUSE BILL NO. 448 "An Act relating to establishing a data base of residential telephone customers who do not wish to receive telephone solicitations, providing that the data base be compiled at no cost to the customers, requiring telephone solicitors to purchase the data base, and requiring paid solicitors to register; and providing for an effective date." ENGROSSMENT HB 348 HB 348 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-03-26 House Journal Page 2692 HB 416 CSHB 416(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 480 CSHB 480(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HCR 29 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:32 a.m., March 26, 2002: HOUSE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 208, relating to the labeling of, the advertising of, and the disclosure of certain information about halibut, salmon, halibut products, and salmon products. HJR 37 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:32 a.m., March 26, 2002: HOUSE JOINT RESOLUTION NO. 37 Congratulating Alaska Airlines on its 70th Anniversary. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 3/26 Minority Caucus noon, 3/26 2002-03-26 House Journal Page 2693 The following meeting today has been changed as indicated: Children's Caucus CHANGED TO: 12:30 p.m., 3/26 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 27, 2002. There being no objection, the House adjourned at 11:39 a.m. Suzi Lowell Chief Clerk