Legislature(2001 - 2002)
2002-04-08 House Journal
Full Journal pdf2002-04-08 House Journal Page 2827 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 8, 2002 Eighty-fifth Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:06 a.m. Roll call showed 36 members present. Representatives Chenault and Ogan had been previously excused from a call of the House today. Representative Masek was absent. Representative James moved and asked unanimous consent that Representative Green's previous excuse (page 2528) be extended to 7:00 p.m. tonight. There being no objection, it was so ordered. The invocation was sung by Teri Tibbett. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Peace I ask of thee O river Peace peace peace When I learn to live serenely Cares will cease From the hills I gather courage Visions of the day to be Strength to lead and faith to follow All are given unto me Peace I ask of thee O river Peace peace peace The Pledge of Allegiance was led by Representative Berkowitz. 2002-04-08 House Journal Page 2828 CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 82nd, 83rd, and 84th legislative days, House Journal Supplement No. 8, and House and Senate Joint Journal Supplement No. 15 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Bunde introduced Jordan Dieni and Alexandra Bowles, Guest Pages, from Anchorage. MESSAGES FROM THE GOVERNOR A letter dated April 5, 2002, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the boards noted. The following appointment was referred to the Judiciary Committee: Board of Governors of the Alaska Bar Dr. Sheila Selkregg - Anchorage Appointed: 04/05/2002 Term Expires: 03/01/2004 The following appointments were referred to the Labor & Commerce Committee: Board of Dispensing Opticians David Matthews, Jr. - Kotzebue Appointed: 04/01/2002 Term Expires: 03/01/2006 Cindy Tidd - Wasilla Appointed: 04/01/2002 Term Expires: 03/01/2005 Board of Marital and Family Therapy Bill Platte - Juneau Appointed: 04/01/2002 Term Expires: 03/01/2005 2002-04-08 House Journal Page 2829 Board of Physical and Occupational Therapy Linda Newman - Juneau Appointed: 04/01/2002 Term Expires: 03/01/2006 Resumes for the appointments are on file in the Chief Clerk's office. COMMUNICATIONS The following was received: Dept. of Natural Resources Alaska Board of Forestry 2001 Annual Report to the Governor A Review of the Alaska Forest Resources and Practices Act: Its Implementation and Effectiveness March 2002 (as required by AS 41.17.041) REPORTS OF STANDING COMMITTEES HJR 38 The Labor & Commerce Committee has considered: HOUSE JOINT RESOLUTION NO. 38 Relating to urging the United States Congress to pass the Terrorism Risk Protection Act. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 38(L&C) Relating to urging the United States Congress to pass terrorism risk protection legislation. The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (6): Rokeberg, Meyer, Hayes, Crawford, Kott, Murkowski 2002-04-08 House Journal Page 2830 The following fiscal note(s) apply to CSHJR 38(L&C): 1. Zero, House Labor & Commerce Committee HJR 38 was referred to the Rules Committee for placement on the calendar. HB 376 The Judiciary Committee has considered: HOUSE BILL NO. 376 "An Act relating to management of fish and game in and on the navigable waters and submerged lands of Alaska." and recommends it be replaced with: CS FOR HOUSE BILL NO. 376(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Meyer, Coghill, James, Rokeberg The following fiscal note(s) apply to CSHB 376(JUD): 2. Zero, House Judiciary Committee/Dept. of Fish & Game HB 376 was referred to the Finance Committee. HB 385 The Judiciary Committee has considered: HOUSE BILL NO. 385 "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and amending Rules 54, 79, and 82, Alaska Rules of Civil Procedure." and recommends it be replaced with: 2002-04-08 House Journal Page 2831 CS FOR HOUSE BILL NO. 385(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (3): Meyer, Coghill, James The following fiscal note(s) apply to CSHB 385(JUD): 1. Indeterminate, Dept. of Law HB 385 was referred to the Rules Committee for placement on the calendar. HB 393 The Judiciary Committee has considered: HOUSE BILL NO. 393 "An Act relating to unfair and deceptive trade practices and to the sale of business opportunities; amending Rules 4 and 73, Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 393(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Meyer No recommendation (3): Coghill, James, Rokeberg The following fiscal note(s) apply to CSHB 393(JUD): 1. Indeterminate, Dept. of Law 2002-04-08 House Journal Page 2832 HB 393 was referred to the Finance Committee. SB 243 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 243(FIN) "An Act extending the termination date of the Board of Chiropractic Examiners; and relating to chiropractors." The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (6): Rokeberg, Meyer, Hayes, Crawford, Kott, Murkowski The following fiscal note(s) apply: 1. Fiscal, Dept. of Community & Economic Development CSSB 243(FIN) was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES SB 105 Pursuant to the following: HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to the crime victim's choice to appear or testify in a criminal case; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; relating to restitution for criminal and delinquency acts; authorizing the state to collect restitution on behalf of victims of crime and delinquent acts and the release of certain information related to that collection; relating to the forfeiture of certain cash and other security for payment of other restitution; relating to access by the Violent Crimes Compensation Board to certain records regarding delinquency acts to award compensation to 2002-04-08 House Journal Page 2833 victims; relating to immunity for damages related to certain collections of restitution; amending Rule 82, Alaska Rules of Civil Procedure, Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rules 402 and 501, Alaska Rules of Evidence; and providing for an effective date." Chapter No. 92, SLA 2001 The Victims' Advocate Selection Committee submits the following name for approval in joint session to serve as the Chief Victims' Advocate (as required by AS 25.65.020): Stephen E. Branchflower The memorandum was dated April 4, 2002, and signed by Senator Halford and Representative Porter, Co-chairs; and Senators Donley, Olson; Representatives Kott, Joule. A copy of the resume is on file in the Chief Clerk's office. HB 302 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 302 "An Act establishing the Alaska Gas Corporation, a public corporation, and providing for its structure, management, responsibilities, and operation, and requiring the development of a project plan to evaluate whether construction and operation of a natural gas transmission pipeline project by the corporation is feasible." The report was signed by Representative Fate, Vice Chair, with the following individual recommendations: Do pass (1): Fate Do not pass (1): Kohring No recommendation (2): Dyson, Chenault 2002-04-08 House Journal Page 2834 The following fiscal note(s) apply: 1. Zero, Dept. of Revenue HB 302 was referred to the Resources Committee. SB 308 The House Special Committee on Oil & Gas has considered: CS FOR SENATE BILL NO. 308(FIN) "An Act relating to the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council; and providing for an effective date." The report was signed by Representative Fate, Vice Chair, with the following individual recommendations: Do pass (2): Dyson, Fate No recommendation (2): Joule, Guess Amend (1): Kohring The following fiscal note(s) apply: 1. Zero, Office of the Governor CSSB 308(FIN) was referred to the Resources Committee. SB 319 The House Special Committee on Oil & Gas has considered: CS FOR SENATE BILL NO. 319(FIN) "An Act relating to shallow natural gas; and providing for an effective date." The report was signed by Representative Fate, Vice Chair, with the following individual recommendations: 2002-04-08 House Journal Page 2835 Do pass (4): Dyson, Joule, Guess, Fate Amend (1): Kohring The following fiscal note(s) apply: 1. Fiscal, Dept. of Natural Resources CSSB 319(FIN) was referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 160 The following was read the second time: HOUSE BILL NO. 160 "An Act requiring the reporting of induced terminations of pregnancies." with the: Journal Page HES RPT CS(HES) 5DP 1NR 1AM 838 FN1: ZERO(H.HES/HSS) 839 JUD RPT CS(JUD) 5DP 2NR 1304 FN2: (HSS) 1304 FIN RPT CS(JUD) 4DP 3NR 2772 FN3: (HSS) 2772 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. 160(JUD) (same title) There being no objection, it was so ordered. 2002-04-08 House Journal Page 2836 Representative James moved and asked unanimous consent that CSHB 160(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 160(JUD) was read the third time. The question being: "Shall CSHB 160(JUD) pass the House?" The roll was taken with the following result: CSHB 160(JUD) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Chenault, Green, Ogan Absent: Masek And so, CSHB 160(JUD) passed the House. Representative Halcro gave notice of reconsideration of the vote on CSHB 160(JUD). HB 397 Representative Kott moved and asked unanimous consent that the following be returned to the Rules Committee: HOUSE BILL NO. 397 "An Act exempting a person driving a snowmobile from driver licensing requirements." There being no objection, it was so ordered. 2002-04-08 House Journal Page 2837 HB 447 The following was read the second time: HOUSE BILL NO. 447 "An Act relating to the interest rates that may be charged on loans by the Commercial Fishing and Agriculture Bank." with the: Journal Page L&C RPT 6DP 2795 FN1: ZERO(CED) 2795 Representative James moved and asked unanimous consent that HB 447 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 447 was read the third time. The question being: "Shall HB 447 pass the House?" The roll was taken with the following result: HB 447 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Chenault, Green, Ogan Absent: Masek And so, HB 447 passed the House and was referred to the Chief Clerk for engrossment. 2002-04-08 House Journal Page 2838 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 - Service High School Hockey Team State Champions By Representatives Green, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Williams, Wilson Honoring - Dimond High School Hockey Team State Runner-Up By Representatives Green, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Williams, Wilson In Memoriam - Linda Rae Russell By Representatives Green, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson UNFINISHED BUSINESS Representative James moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Fate - from noon, April 10 to 10:00 p.m., plane time, April 14, 2002 (amended from page 2745) HB 438 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: 2002-04-08 House Journal Page 2839 HOUSE BILL NO. 438 "An Act relating to motor vehicle registration plates for disabled veterans; and providing for an effective date." HB 438 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 385 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 385 "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and amending Rules 54, 79, and 82, Alaska Rules of Civil Procedure." HB 385 was removed from the Rules Committee and referred to the Finance Committee. SB 319 The Speaker added a Finance Committee referral to follow the Resources Committee referral for the following: CS FOR SENATE BILL NO. 319(FIN) "An Act relating to shallow natural gas; and providing for an effective date." CSSB 319(FIN) is in the Resources Committee. HB 252 Representative Cissna added her name as cosponsor to: HOUSE BILL NO. 252 "An Act relating to the construction of certain statutes relating to children; relating to the scope of duty and standard of care for persons who provide services to certain children and families; and providing for an effective date." HB 315 Representatives Wilson and Scalzi added their names as cosponsors to: 2002-04-08 House Journal Page 2840 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 315 "An Act allowing employers that are small businesses, small nonprofit organizations, or small associations for insurance purposes to join state employee insurance coverage as a group; and providing for an effective date." HB 472 Representative Meyer added his name as cosponsor to: HOUSE BILL NO. 472 "An Act relating to persons who buy and sell secondhand articles and to certain persons who lend money on secondhand articles." SCR 28 Representative Wilson added her name as cross sponsor to: CS FOR SENATE CONCURRENT RESOLUTION NO. 28(RES) Establishing the Joint Legislative Salmon Industry Task Force. ENGROSSMENT HB 447 HB 447 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 upon adj., 4/8 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 9, 2002. There being no objection, the House adjourned at 12:01 p.m. Suzi Lowell Chief Clerk