Legislature(2001 - 2002)

2002-04-12 House Journal

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2002-04-12                     House Journal                      Page 2901
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                    Friday                  April 12, 2002                          
                                                                                                    
                           Eighty-ninth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:13 a.m.                                                                                
                                                                                                    
Roll call showed 30 members present.  Representatives Cissna, Fate,                                 
Foster, Green, Moses, Murkowski, Ogan, and Rokeberg had been                                        
previously excused from a call of the House today.  Representative                                  
Kapsner was excused from a call of the House today because of                                       
illness.  Representative Croft was absent and his presence was noted                                
later.                                                                                              
                                                                                                    
The invocation was offered by the Reverend Robert Sherwood of                                       
Church of the Nazarene.  Representative Davies moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Grant these Representatives the awe of having Your grace                                        
    work in them.  Give them awe of the beauty that surrounds                                       
    them.  Give them awe at how You have worked through them.                                       
    Gift them faith that they might be great in Your Kingdom.  In                                   
    Jesus' Name.  Amen.                                                                             
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Whitaker.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 88th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    

2002-04-12                     House Journal                      Page 2902
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HJR 14                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                                   
    NO. 14                                                                                          
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to the Alaska permanent fund.                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT                                                       
    RESOLUTION NO. 14(STA)                                                                          
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Wilson, Crawford, Hayes                                                               
                                                                                                    
Do not pass (1):  James                                                                             
                                                                                                    
No recommendation (2):  Stevens, Coghill                                                            
                                                                                                    
The following fiscal note(s) apply to CSSSHJR 14(STA):                                              
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
SSHJR 14 was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 197                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 197                                                                              
    "An Act relating to directives for personal health care services and                            
    for medical treatment."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2002-04-12                     House Journal                      Page 2903
    CS FOR HOUSE BILL NO. 197(JUD)                                                                  
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders and the donation of body parts, and to powers of                             
    attorney relating to health care, including the donation of body                                
    parts; and providing for an effective date."                                                    
                                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
No recommendation (6):  Berkowitz, Meyer, Coghill, James, Kookesh,                                  
Rokeberg                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 197(JUD):                                                
                                                                                                    
2.  Zero, House Judiciary Committee/All Depts.                                                      
                                                                                                    
HB 197 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 300                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 300                                                                              
   "An Act relating to the procurement of certain travel services."                                
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Croft, Davies, Moses, Lancaster, Hudson, Williams                                     
                                                                                                    
Do not pass (1):  Bunde                                                                             
                                                                                                    
No recommendation (2):  Whitaker, Mulder                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Administration/All Depts.                                               
                                                                                                    

2002-04-12                     House Journal                      Page 2904
HB 300 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 432                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 432                                                                              
    "An Act relating to the labeling of animal and poultry feeds and to                             
    the agriculture program coordinator; and providing for an                                       
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 432(RES)                                                                  
    "An Act relating to the labeling of animal and poultry feeds and to                             
    the agriculture program coordinator; relating to the sale, offer for                            
    sale, representation, and labeling of food or other agricultural                                
    products as organic; relating to the state organic certification                                
    program; and providing for an effective date."                                                  
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Stevens, McGuire, Chenault, Kerttula, Masek, Scalzi                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 432(RES):                                                
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
HB 432 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
The House Special Committee on Education has reviewed the                                           
qualifications of:                                                                                  
                                                                                                    
                               Sally Rue                                                           
               Board of Education and Early Development                                            
                                                                                                    

2002-04-12                     House Journal                      Page 2905
                           Steven Beardsley                                                        
                          Vickie L. McCubbin                                                       
                          Dr. Donna Peterson                                                       
              Professional Teaching Practices Commission                                           
                                                                                                    
                              Mark Begich                                                          
                          Joseph Hardenbrook                                                       
                          Marlene A. Johnson                                                       
                 University of Alaska Board of Regents                                             
                                                                                                    
and recommends the following:                                                                       
                                                                                                    
Confirm (4):  Wilson, Stevens, Bunde, Joule                                                         
                                                                                                    
The reports were signed by Representative Bunde, Chair.                                             
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Airport Heights Elementary, Polar Paw News                                               
By Representative Cissna; Senator Davis                                                             
                                                                                                    
Honoring - United Way of the Tanana Valley                                                          
By Representatives Hayes, Coghill, Fate, James, Whitaker, Davies                                    
                                                                                                    
Honoring - Alaska State Legislature Data Processing Staff                                           
By Representative Morgan; Senator Lincoln                                                           
                                                                                                    
Honoring - Pete Ramaglia, 80th Birthday                                                             
By Senator Austerman; Representative Stevens                                                        
                                                                                                    
Honoring - Alaska Airlines, Seventy Years of Service                                                
By Senator Leman                                                                                    
                                                                                                    
Honoring - 2002 Arctic Winter Games, Team Alaska, Senate District                                   
S Participants                                                                                      
By Senator Olson; Representatives Joule, Foster                                                     
                                                                                                    

2002-04-12                     House Journal                      Page 2906
In Memoriam - Nancy De Leon                                                                         
By Representatives Hayes, Coghill, Fate, James, Whitaker, Davies                                    
                                                                                                    
In Memoriam - Robert Parrish                                                                        
By Representatives Hayes, Coghill, Fate, James, Whitaker, Davies                                    
                                                                                                    
In Memoriam - Johnie Pugh                                                                           
By Senators Halford, Phillips; Representative Dyson                                                 
                                                                                                    
In Memoriam - Captain James Francis Coby                                                            
By Senator Leman                                                                                    
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HJR 49                                                                                            
HOUSE JOINT RESOLUTION NO. 49 by the House Labor &                                                  
Commerce Committee:                                                                                 
                                                                                                    
    Relating to preparation of a joint state-federal research and                                   
    development plan.                                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 517                                                                                            
HOUSE BILL NO. 517 by the House Community & Regional Affairs                                        
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to the disposition of surplus and obsolete state                               
    property."                                                                                      
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    

2002-04-12                     House Journal                      Page 2907
HB 518                                                                                            
HOUSE BILL NO. 518 by the House Community & Regional Affairs                                        
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to organization grants for mergers,                                            
   consolidations, or unifications involving third class boroughs."                                
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 462                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 462                                                                              
    "An Act relating to the release of certain confidential records and                             
    reports concerning fishing, fish buying, or fish processing; and                                
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FSH RPT 2DP 3NR                                                     2486                           
 FN1: ZERO(DFG)                                                      2486                           
 FN2: ZERO(DPS)                                                      2486                           
 RES RPT CS(RES) 7DP 1NR                                             2665                           
 FN1: ZERO(DFG)                                                      2666                           
 FN2: ZERO(DPS)                                                      2666                           
                                                                                                    
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. 462(RES)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2002-04-12                     House Journal                      Page 2908
Representative James moved and asked unanimous consent that CSHB
462(RES) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 462(RES) was read the third time.                                                              
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 462(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 462(RES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  29   NAYS:  0   EXCUSED:  9   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies,                                
Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula,                                
Kohring, Kookesh, Kott, Lancaster, Masek, Meyer, Morgan, Mulder,                                    
Porter, Scalzi, Stevens, Whitaker, Wilson                                                           
                                                                                                    
                                                                                                    
Excused:  Cissna, Fate, Foster, Green, Kapsner, Moses, Murkowski,                                   
Ogan, Rokeberg                                                                                      
                                                                                                    
                                                                                                    
Absent:  McGuire, Williams                                                                          
                                                                                                    
                                                                                                    
And so, CSHB 462(RES) 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 462(RES) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 242                                                                                            
The following was read the second time:                                                             

2002-04-12                     House Journal                      Page 2909
    SENATE BILL NO. 242                                                                             
    "An Act relating to concealed handgun permittees."                                              
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT  4DP 1NR 1AM                                                2641                           
 FN1: ZERO(DPS)                                                      2641                           
                                                                                                    
Representative James moved and asked unanimous consent that                                         
SB 242 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Guess objected and withdrew the objection.  There                                    
being no further objection, it was so ordered.                                                      
                                                                                                    
SB 242 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 242 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 242                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  22   NAYS:  8   EXCUSED:  9   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson,                                    
Halcro, Harris, Hayes, James, Kohring, Kott, Lancaster, Masek,                                      
McGuire, Meyer, Morgan, Mulder, Stevens, Williams, Wilson                                           
                                                                                                    
Nays:  Berkowitz, Hudson, Joule, Kerttula, Kookesh, Porter, Scalzi,                                 
Whitaker                                                                                            
                                                                                                    
Excused:  Cissna, Fate, Foster, Green, Kapsner, Moses, Murkowski,                                   
Ogan, Rokeberg                                                                                      
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
                                                                                                    
Bunde changed from "Nay" to "Yea".                                                                  
Williams changed from "Nay" to "Yea".                                                               
                                                                                                    
And so, SB 242 passed the House.                                                                    
                                                                                                    

2002-04-12                     House Journal                      Page 2910
Representative Berkowitz gave notice of reconsideration of the vote                                 
on SB 242.                                                                                          
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 46                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 46                                                                   
    Relating to the moratorium on fish farming in British Colombia.                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FSH RPT CS(FSH) 6DP                                                 2602                           
 FN1: ZERO(H.FSH)                                                    2602                           
 RES RPT CS(RES) 7DP                                                 2697                           
 FN1: ZERO(H.FSH)                                                    2698                           
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 46(RES)                                                       
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSHJR 46(RES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHJR 46(RES) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHJR 46(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHJR 46(RES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  2   EXCUSED:  9   ABSENT:  1                                                   

2002-04-12                     House Journal                      Page 2911
Yeas:  Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies,                                
Dyson, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula,                                       
Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Porter,                                    
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  Kohring, Mulder                                                                              
                                                                                                    
Excused:  Cissna, Fate, Foster, Green, Kapsner, Moses, Murkowski,                                   
Ogan, Rokeberg                                                                                      
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
And so, CSHJR 46(RES) 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 citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    
In Memoriam - Janice Kay Lienhart                                                                   
By Senators Halford, Donley, Ward, Taylor, Cowdery;                                                 
Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill,                                
Crawford, Croft, Davies, Dyson, Harris, Hayes, James, Joule,                                        
Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                 
Mulder, Murkowski, Ogan, Rokeberg, 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 Davies - from 6:56 p.m., April 12 to 9:45 p.m., plane                                
time, April 14, 2002                                                                                
                                                                                                    
Representative Kookesh - from 6:15 a.m., April 16 to 6:50 p.m., plane                               
time, April 18, 2002                                                                                
                                                                                                    
Representative Williams - from 1:30 p.m., April 12 to 9:30 p.m., plane                              
time, April 14, 2002                                                                                

2002-04-12                     House Journal                      Page 2912
                                                                                                    
Representative Bunde - from 6:56 p.m., April 18 to 10:04 a.m., plane                                
time, April 22, 2002 (amended from page 2896)                                                       
                                                                                                    
                                                                                                    
HB 5                                                                                              
Representative Kohring moved and asked unanimous consent to                                         
withdraw the following:                                                                             
                                                                                                    
    HOUSE BILL NO. 5                                                                                
    "An Act relating to identification required to purchase alcoholic                               
    beverages and tobacco products; relating to identification                                      
    information contained on a driver's license; and providing for an                               
    effective date."                                                                                
                                                                                                    
There being no objection, HB 5 was withdrawn.                                                       
                                                                                                    
HB 217                                                                                            
Representative Kohring moved and asked unanimous consent to                                         
withdraw the following:                                                                             
                                                                                                    
    HOUSE BILL NO. 217                                                                              
    "An Act relating to municipal property assessment and taxation;                                 
    and providing for an effective date."                                                           
                                                                                                    
There being no objection, HB 217 was withdrawn.                                                     
                                                                                                    
                                                                                                    
HB 241                                                                                            
Representative Kohring removed his name as cosponsor to:                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 241(RES)                                                                  
    "An Act relating to a railroad utility corridor for extension of the                            
    Alaska Railroad to Canada and to extension of the Alaska                                        
    Railroad to Whitehorse, Yukon, Canada."                                                         
                                                                                                    
SB 242                                                                                            
Representatives Dyson, Kohring, and Wilson added their names as                                     
cross sponsors to:                                                                                  
                                                                                                    

2002-04-12                     House Journal                      Page 2913
    SENATE BILL NO. 242                                                                             
    "An Act relating to concealed handgun permittees."                                              
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HJR 46                                                                                            
CSHJR 46(RES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 462                                                                                            
CSHB 462(RES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HCR 20                                                                                            
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 4:36 p.m.,                                 
April 11, 2002:                                                                                     
                                                                                                    
    SENATE CS FOR CS FOR HOUSE CONCURRENT                                                           
    RESOLUTION NO. 20(STA)                                                                          
    Relating to declaring September 11, 2002, as a Day of                                           
    Remembrance.                                                                                    
                                                                                                    
                                                                                                    
HB 343                                                                                            
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 4:36 p.m.,                                 
April 11, 2002:                                                                                     
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 343(RLS)                                                    
    "An Act extending the termination date of the Board of                                          
    Professional Counselors; and relating to licensing of professional                              
    counselors."                                                                                    
                                                                                                    

2002-04-12                     House Journal                      Page 2914
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber               upon adj., 4/12                           
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., April 15, 2002.  There being no                                     
objection, the House adjourned at 11:35 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk