Legislature(2001 - 2002)
2002-04-15 House Journal
Full Journal pdf2002-04-15 House Journal Page 2921 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 15, 2002 Ninety-second Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:02 a.m. Roll call showed 34 members present. Representatives Morgan, Moses, and Ogan had been previously excused from a call of the House today. Representatives Croft, Halcro, and Williams were absent and their presence was noted later. The invocation was offered by the Reverend Greg Lindsay of Northern Light United Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In respect of one another's spiritual lives, I'm inviting you to spend a few moments in prayer and reflection. Let us pray. God of all people, help us to be honest today. Preserve us from false talk, cheap words, and insincere conversation as we seek to serve the people. Instructed by those who have gone before us, help us honestly say what is on our hearts and minds. Help us to speak the truth in love, but temper our honesty with compassion. Give us the courage to lay aside our anger or despair, and instead find hope and healing in the work that You give us to do. Gracious God, guide the work of our hands. May we always give the most attention to the people who are most in need. May we never serve with arrogance or, in our honesty, speak words that hurt. May we always strive to bring greatness to this state. Amen. 2002-04-15 House Journal Page 2922 The Pledge of Allegiance was led by Representative Joule. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 89th, 90th, and 91st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 44 A message dated April 12, 2002, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SCS FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) am S(reengrossed) Strongly urging the President of the United States, the United States Congress, and appropriate federal officials to support the construction and operation of the Alaska Highway Natural Gas Pipeline route. Legislative Resolve No. 50 **The presence of Representative Halcro was noted. MESSAGES FROM THE SENATE A message dated April 12, 2002, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 263 CS FOR SENATE BILL NO. 263(RLS) by the Senate Rules Committee, entitled: 2002-04-15 House Journal Page 2923 "An Act relating to the subsequent acquisition of title to, or an interest in, real property by a person to whom the property has purportedly been granted in fee or fee simple; and providing for an effective date." was read the first time and referred to the Judiciary Committee. SB 358 SENATE BILL NO. 358 by the Senate Rules Committee, entitled: "An Act naming state ferries." was read the first time and referred to the Transportation Committee. REPORTS OF STANDING COMMITTEES HCR 23 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 23 Proposing amendments to Uniform Rule 20 of the Alaska State Legislature; and providing for an effective date for the amendments. The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (4): Joule, Cissna, Stevens, Wilson Do not pass (3): Coghill, Kohring, Dyson The following fiscal note(s) apply: 2. Fiscal, House Health, Education & Social Services Committee HCR 23 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. 2002-04-15 House Journal Page 2924 HB 464 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 464 "An Act relating to statewide school district correspondence study programs." and recommends it be replaced with: CS FOR HOUSE BILL NO. 464(HES) "An Act relating to statewide school district correspondence study and to centralized correspondence study." The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (5): Coghill, Kohring, Wilson, Stevens, Dyson The following fiscal note(s) apply to CSHB 464(HES): 1. Zero, House Health, Education & Social Services Committee/Dept. of Education & Early Development HB 464 was referred to the House Special Committee on Education. HB 471 The Labor and Commerce Committee has considered: HOUSE BILL NO. 471 "An Act relating to the definitions of 'net income' and 'unrestricted net income' for purposes of determining the amount of the Alaska Industrial Development and Export Authority's dividend to the state; relating to communities within which rural development loans may be made by the authority; and providing for an effective date." and recommends it be replaced with: 2002-04-15 House Journal Page 2925 CS FOR HOUSE BILL NO. 471(L&C) "An Act increasing the maximum amount of loans from the bulk fuel revolving loan fund operated by the Alaska Energy Authority; precluding certain legal action concerning certain technical assistance to rural utilities; relating to powers of the Alaska Energy Authority; relating to the definitions of 'net income' and 'unrestricted net income' for purposes of determining the amount of the Alaska Industrial Development and Export Authority's dividend to the state; relating to communities within which rural development loans may be made by the Alaska Industrial Development and Export Authority; and providing for an effective date." The report was signed by Representative Halcro, Vice Chair, with the following individual recommendations: Do pass (4): Meyer, Crawford, Halcro, Kott No recommendation (1): Hayes The following fiscal note(s) apply to CSHB 471(L&C): 1. Zero, Dept. of Community & Economic Development HB 471 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Croft was noted. INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Charles Thomas "Tom" Madsen, Sr. By Representatives Moses, Hudson, Stevens, Kott; Senators Austerman, Halford 2002-04-15 House Journal Page 2926 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 344 The following was read the second time: HOUSE BILL NO. 344 "An Act increasing fees for driver's licenses, instruction permits, and identification cards; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 4DP 2NR 2360 FN1: (ADM) 2361 FIN RPT CS(STA) 7DP 2774 FN1: (ADM) 2774 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. 344(STA) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 344(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 344(STA) was read the third time. The question being: "Shall CSHB 344(STA) pass the House?" The roll was taken with the following result: CSHB 344(STA) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 2002-04-15 House Journal Page 2927 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Masek Excused: Morgan, Moses, Ogan And so, CSHB 344(STA) 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 344(STA) was referred to the Chief Clerk for engrossment. HB 474 The following was read the second time: HOUSE BILL NO. 474 "An Act relating to public rights-of-way and easements for surface transportation affecting the Anchorage Coastal Wildlife Refuge." with the: Journal Page CRA RPT CS(CRA) 2DP 4NR 2617 FN1: ZERO(H.CRA) 2617 RES RPT CS(CRA) 3DP 3NR 1AM 2681 FN1: ZERO(H.CRA) 2682 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. 474(CRA) (same title) There being no objection, it was so ordered. 2002-04-15 House Journal Page 2928 Representative James moved and asked unanimous consent that CSHB 474(CRA) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 474(CRA) will be in third reading on tomorrow's calendar. 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 - Airport Heights Elementary, Polar Paw News By Representatives Cissna, Porter, Berkowitz, Bunde, Chenault, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Stevens, Williams, Wilson; Senator Davis Honoring - United Way of the Tanana Valley By Representatives Hayes, Coghill, Fate, James, Whitaker, Davies, Porter, Berkowitz, Bunde, Chenault, Crawford, Croft, Dyson, Guess, Halcro, Harris, Hudson, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Stevens, Williams, Wilson Honoring - Alaska State Legislature Data Processing Staff By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Stevens, Williams, Wilson; Senator Lincoln 2002-04-15 House Journal Page 2929 Honoring - Pete Ramaglia, 80th Birthday By Senator Austerman; Representatives Stevens, Porter, Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Williams, Wilson Honoring - Alaska Airlines, Seventy Years of Service By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Stevens, Williams, Wilson Honoring - 2002 Arctic Winter Games, Team Alaska, Senate District S Participants By Senator Olson; Representatives Joule, Foster, Porter, Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Stevens, Williams, Wilson In Memoriam - Nancy De Leon By Representatives Hayes, Coghill, Fate, James, Whitaker, Davies, Porter, Berkowitz, Bunde, Chenault, Crawford, Croft, Dyson, Guess, Halcro, Harris, Hudson, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson In Memoriam - Robert Parrish By Representatives Hayes, Coghill, Fate, James, Whitaker, Davies, Porter, Berkowitz, Bunde, Chenault, Crawford, Croft, Dyson, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson 2002-04-15 House Journal Page 2930 In Memoriam - Johnie Pugh By Senators Halford, Phillips; Representatives Dyson, Porter, Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson In Memoriam - Captain James Francis Coby By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson RECONSIDERATION SB 242 Representative Bunde brought up reconsideration of the vote on SB 242 (page 2910). The following was again before the House in third reading: SENATE BILL NO. 242 "An Act relating to concealed handgun permittees." Representative Bunde moved and asked unanimous consent that SB 242 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Bunde and Porter: Page 1, lines 9 - 10: Delete "[IF THE PERSON HAS NOT BEEN IN ALASKA FOR MORE THAN 120" Insert "if the person has not (1) been in Alaska for more than a 90-day period after entry into the state; and (2) had an application for a concealed handgun 2002-04-15 House Journal Page 2931 permit rejected in this state because the person was unqualified under AS 18.65.705 or had a concealed handgun permit revoked or suspended by this state [120" Representative Bunde moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. Amendment to Amendment No. 1 was offered by Representative Croft: Delete "(1) been in Alaska for more than a 90-day period after entry into the state; and (2)" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. The question being: "Shall Amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: SB 242--RECONSIDERATION Second Reading Amendment to Amendment No. 1 YEAS: 19 NAYS: 17 EXCUSED: 3 ABSENT: 1 Yeas: Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Harris, James, Kohring, Kott, Masek, McGuire, Meyer, Rokeberg, Whitaker, Williams, Wilson Nays: Berkowitz, Bunde, Foster, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Lancaster, Mulder, Murkowski, Porter, Scalzi, Stevens Excused: Morgan, Moses, Ogan Absent: Chenault And so, Amendment to Amendment No. 1 was adopted. 2002-04-15 House Journal Page 2932 The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: SB 242--RECONSIDERATION Second Reading Amendment No. 1 as amended YEAS: 34 NAYS: 3 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Nays: Foster, Meyer, Wilson Excused: Morgan, Moses, Ogan And so, Amendment No. 1 as amended was adopted. Representative Berkowitz moved and asked unanimous consent that SB 242 am H be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Berkowitz: Page 1, line 9, following "AS 18.65.750 - 18.65.765": Insert "provided that the person is not or does not intend to become a resident of the state of Alaska" Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Croft objected. Amendment to Amendment No. 2 was offered by Representative Berkowitz: Delete "or does not intend to become" 2002-04-15 House Journal Page 2933 Representative Berkowitz moved and asked unanimous consent that Amendment to Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, it was so ordered. The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: SB 242 am H--RECONSIDERATION Second Reading Amendment No. 2 as amended YEAS: 9 NAYS: 28 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Hudson, Joule, Kapsner, Kerttula, Kookesh, Murkowski, Porter, Williams Nays: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Excused: Morgan, Moses, Ogan And so, Amendment No. 2 as amended was not adopted. The question to be reconsidered: "Shall SB 242 am H pass the House?" The roll was taken with the following result: SB 242 am H--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Joule, Kapsner, Kerttula, Kookesh, Murkowski, Porter 2002-04-15 House Journal Page 2934 Excused: Morgan, Moses, Ogan And so, SB 242 am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 282 Representative Halcro moved and asked unanimous consent that the following be discharged from the Labor & Commerce Committee for consideration before the House: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 282 "An Act relating to prescription drug benefits under a group health care insurance plan." Objection was heard. The Speaker advised members that debate had strayed from the motion and indicated that precedence has long been established that an affirmative vote by a majority of committee members is needed to move a bill from committee. Representative Halcro withdrew the motion. SSHB 282 is in the Labor & Commerce Committee with a further referral to the Health, Education & Social Services Committee. HCR 23 The Speaker added a Finance Committee referral for the following: HOUSE CONCURRENT RESOLUTION NO. 23 Proposing amendments to Uniform Rule 20 of the Alaska State Legislature; and providing for an effective date for the amendments. HCR 23 was removed from the Rules Committee and referred to the Finance Committee. 2002-04-15 House Journal Page 2935 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 7:00 a.m., April 20 to 5:00 p.m., plane time, April 22 (amended from page 2912); and withdrawal of previous excused absence from 6:56 p.m., April 26 to 10:04 a.m., April 29, 2002 (page 2870) Representative Hayes - from 7:09 a.m., April 20 to 10:00 a.m., plane time, April 22, 2002 Representative James - from 11:45 a.m. to 1:15 p.m., April 18, 2002 SPECIAL ORDER OF BUSINESS Representative James moved and asked unanimous consent that the citation, In Memoriam - Charles Thomas "Tom" Madsen, Sr., be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Hudson moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Charles Thomas "Tom" Madsen, Sr. By Representatives Moses, Hudson, Stevens, Kott, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Whitaker, Williams, Wilson; Senators Austerman, Halford 2002-04-15 House Journal Page 2936 UNFINISHED BUSINESS HB 319 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 319 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." HB 448 Representative Dyson added his name as cosponsor 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." HB 474 Representative Rokeberg added his name as cosponsor to: CS FOR HOUSE BILL NO. 474(CRA) "An Act relating to public rights-of-way and easements for surface transportation affecting the Anchorage Coastal Wildlife Refuge." ENGROSSMENT HB 344 CSHB 344(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 242 SB 242 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-04-15 House Journal Page 2937 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Resources Committee CHANGED TO: 1:15 p.m., 4/15 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 16, 2002. There being no objection, the House adjourned at 12:46 p.m. Suzi Lowell Chief Clerk