Legislature(2001 - 2002)

2002-04-24 House Journal

Full Journal pdf

2002-04-24                     House Journal                      Page 3105
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                  Wednesday                 April 24, 2002                          
                                                                                                    
                         One Hundred First Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:07 a.m.                                                                                
                                                                                                    
Roll call showed 28 members present.  Representative Ogan had been                                  
previously excused from a call of the House today.  Representative                                  
Croft was excused from a call of the House today because of illness.                                
Representatives Davies, Dyson, Fate, Kerttula, Kott, McGuire, Moses,                                
Mulder, Murkowski, and Williams were absent and their presence was                                  
noted later.                                                                                        
                                                                                                    
                                                                                                    
The invocation was offered by the Reverend Michael Nash of the                                      
Cathedral of the Nativity.  Representative Green moved and asked                                    
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Let us pray,                                                                                    
                                                                                                    
    Blessed are You, Lord, God of all creation, for You created in                                  
    the human family a need to come together in community for                                       
    mutual support.  The community of this state has been blest to                                  
    have a dedicated and hard working legislature.  We praise                                       
    You for the commitment of our legislators and their staffs.                                     
    Grant them wisdom as they endeavor to balance competing                                         
    needs and scarce resources.  May they be people of integrity                                    
    and may their decisions always advance the common good of                                       
     the people of this state.  We pray You, gracious God.  Amen.                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Hudson.                                          
                                                                                                    

2002-04-24                     House Journal                      Page 3106
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 100th legislative day be approved as certified by the                               
Assistant Chief Clerk.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HCR 26                                                                                            
A message dated April 23, 2002, was read stating the Senate has                                     
passed:                                                                                             
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA)                                                  
    Supporting increased use of the house arrest program/electronic                                 
    monitoring with sobriety monitoring as a means of preventing                                    
     crime and reducing the high costs of imprisonment in Alaska.                                  
                                                                                                    
CSHCR 26(STA) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 411                                                                                            
A message dated April 23, 2002, was read stating the Senate has                                     
passed:                                                                                             
                                                                                                    
    HOUSE BILL NO. 411                                                                              
    "An Act relating to physician assistants; providing that a physician                            
    assistant is a health care provider covered by certain laws relating                            
    to medical malpractice actions; adding physician assistants to the                              
    list of providers against whom unfair discrimination relating to                                
    health care insurance is prohibited and to the list of providers who                            
    can provide proof of disablement or handicap for the purpose of                                 
    motor vehicle registration or for the purpose of obtaining a special                            
    license plate or a special parking permit; and providing for an                                 
    effective date."                                                                                
                                                                                                    
HB 411 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
**The presence of Representative Fate was noted.                                                    
                                                                                                    
                                                                                                    

2002-04-24                     House Journal                      Page 3107
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HCR 23                                                                                            
The Finance 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 Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Bunde, Harris, Lancaster, Foster, Mulder, Williams                                    
                                                                                                    
No recommendation (1):  Whitaker                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
3.  Zero, Legislative Affairs Agency                                                                
                                                                                                    
HCR 23 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 517                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 517                                                                              
    "An Act relating to the disposition of surplus and obsolete state                               
    property."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 517(STA)                                                                  
    "An Act relating to the disposition of obsolete or surplus state                                
    property."                                                                                      
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2002-04-24                     House Journal                      Page 3108
Do pass (3):  Wilson, Fate, Coghill                                                                 
                                                                                                    
No recommendation (4):  Crawford, Stevens, James, Hayes                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 517(STA):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 517 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 519                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 519                                                                              
    "An Act authorizing priority treatment under the Right-of-Way                                   
    Leasing Act for an Alaska North Slope natural gas project;                                      
    expanding the scope for the kinds of gas development projects that                              
    may become qualified projects under the Alaska Stranded Gas                                     
    Development Act; extending the deadline for submitting                                          
    applications under the Alaska Stranded Gas Development Act;                                     
    exempting an Alaska North Slope natural gas project from state                                  
    property tax and all municipal taxes during construction; and                                   
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 519(RES)                                                                  
    "An Act authorizing priority treatment under the Right-of-Way                                   
    Leasing Act for an Alaska North Slope natural gas project;                                      
    expanding the scope for the kinds of gas development projects that                              
    may become qualified projects under the Alaska Stranded Gas                                     
    Development Act to natural gas projects, including an Alaska                                    
    North Slope natural gas pipeline and any spurs; extending the                                   
    deadline for submitting applications under the Alaska Stranded                                  
    Gas Development Act; exempting an Alaska North Slope natural                                    
    gas project from state and municipal property taxes during                                      
    construction; and providing for an effective date."                                             
                                                                                                    

2002-04-24                     House Journal                      Page 3109
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Stevens, McGuire, Fate, Chenault, Masek                                               
                                                                                                    
Do not pass (1):  Kerttula                                                                          
                                                                                                    
Amend (3):  Green, Kapsner, Scalzi                                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 519(RES):                                                
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 519 was referred to the Finance Committee.                                                       
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    
HB 523                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    
    HOUSE BILL NO. 523                                                                              
    "An Act naming the state airport at Dutch Harbor the Charles                                    
    Thomas Madsen, Sr., Airport."                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 523(TRA)                                                                  
    "An Act naming the state airport at the City of Unalaska the Tom                                
    Madsen Airport."                                                                                
                                                                                                    
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Masek, Kookesh, Kapsner, Wilson, Scalzi, Kohring                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 523(TRA):                                                
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    

2002-04-24                     House Journal                      Page 3110
HB 523 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 345                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    SENATE BILL NO. 345                                                                             
    "An Act relating to medical assistance for rehabilitative services                              
    for certain children with disabilities; relating to agreements to pay                           
    medical assistance for covered services paid for or furnished to                                
    eligible children with disabilities by a school district; and                                   
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Wilson, Cissna, Joule, Dyson                                                          
                                                                                                    
No recommendation (3):  Coghill, Kohring, Stevens                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
2.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
SB 345 was referred to the Finance Committee.                                                       
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
SB 358                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    
    SENATE BILL NO. 358                                                                             
    "An Act naming state ferries."                                                                  
                                                                                                    
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Masek, Kookesh, Kapsner, Scalzi, Wilson, Kohring                                      
                                                                                                    

2002-04-24                     House Journal                      Page 3111
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
SB 358 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
**The presence of Representative Davies was noted.                                                  
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - The UAF Hockey Team                                                                      
By Representative Hayes; Senator Wilken                                                             
                                                                                                    
Honoring - Chugiak High School Mock Trial Law Team                                                  
By Senator Phillips                                                                                 
                                                                                                    
In Memoriam - Costa Alton                                                                           
By Senator Elton                                                                                    
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 246                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 246                                                                              
    "An Act relating to confidentiality of records and to cease and                                 
    desist orders of the division of insurance, to insurance company                                
    investments, to unauthorized insurers, to surplus lines insurance,                              
    to health insurance, to life insurance, to annuity insurance, to                                
    consumer credit insurance, to title insurance, and to hospital and                              
    medical service corporations; and providing for an effective date."                             
                                                                                                    

2002-04-24                     House Journal                      Page 3112
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT CS(L&C) NT 5DP 1NR                                          2967                           
 FN1: ZERO(CED)                                                      2968                           
 JUD RPT CS(JUD) NT 1DP 4NR                                          3088                           
 FN1: ZERO(CED)                                                      3089                           
                                                                                                    
**The presence of Representative Murkowski was noted.                                               
                                                                                                    
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. 246(JUD)                                                                  
    "An Act relating to regulation of a person providing insurance for                              
    the cost of medical care, to confidentiality of insurance records, to                           
    insurance hearings, to insurance fees, to annual and quarterly                                  
    statements by insurers, to managed care insurance, to taxes on                                  
    insurance, to insurer certificates of authority, to risk based capital                          
    for insurers, to unauthorized and nonadmitted insurers, to surplus                              
    lines insurance, to health insurance, to life insurance, to annuity                             
    insurance, to consumer credit insurance, to insurer liquidation, to                             
    multiple employer welfare arrangements, to the Alaska Insurance                                 
    Guaranty Association, to hospital and medical service                                           
    corporations, and to regulation of insurance producers, agents,                                 
    brokers, managers, and adjusters; and providing for an effective                                
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
246(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSHB 246(JUD) will be in third reading on                                   
tomorrow's calendar.                                                                                
                                                                                                    

2002-04-24                     House Journal                      Page 3113
HB 471                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                                                          
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 CRA RPT CS(CRA) NT 6DP                                              2701                           
 FN1: ZERO(CED)                                                      2701                           
 L&C RPT CS(L&C) NT 4DP 1NR                                          2924                           
 FN1: ZERO(CED)                                                      2925                           
                                                                                                    
                                                                                                    
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. 471(CRA)                                                                  
    "An Act increasing the maximum amount of loans from the bulk                                    
    fuel revolving loan fund operated by 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."                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
471(CRA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 471(CRA) was read the third time.                                                              
                                                                                                    

2002-04-24                     House Journal                      Page 3114
**The presence of Representatives Mulder, McGuire, Kott, and Dyson                                  
was noted.                                                                                          
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that he                                   
be allowed to abstain from voting due to a conflict of interest.                                    
Objection was heard, and Representative Rokeberg was required to                                    
vote.                                                                                               
                                                                                                    
The question being:  "Shall CSHB 471(CRA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 471(CRA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Excused:  Croft, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 471(CRA) 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.                                
                                                                                                    
Representative Mulder gave notice of reconsideration of the vote on                                 
CSHB 471(CRA).                                                                                      
                                                                                                    
                                                                                                    
HB 521                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 521                                                                              
    "An Act relating to municipal improvement areas."                                               
                                                                                                    

2002-04-24                     House Journal                      Page 3115
with the:                                                   Journal Page                            
                                                                                                    
 CRA RPT CS(CRA) 3DP 3NR                                             3101                           
 FN1: ZERO(CED)                                                      3101                           
                                                                                                    
                                                                                                    
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. 521(CRA)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
521(CRA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 521(CRA) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 521(CRA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 521(CRA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Porter,                                        
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Croft, Ogan                                                                               
                                                                                                    
Absent:  Moses, Mulder                                                                              
                                                                                                    
And so, CSHB 521(CRA) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    

2002-04-24                     House Journal                      Page 3116
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 269                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 269                                                                             
    "An Act naming bridge number 1121, across the Knik River, the                                   
    Sergeant James Bondsteel Bridge of Honor; and providing for an                                  
    effective date."                                                                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 RLS RPT 4DP                                                         2951                           
 FN1: ZERO(DOT)                                                      2951                           
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that                                         
SB 269 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SB 269 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 269 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 269                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Excused:  Croft, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, SB 269 passed the House.                                                                    
                                                                                                    

2002-04-24                     House Journal                      Page 3117
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.                                
                                                                                                    
SB 269 was signed by the Speaker and Acting Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
                          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 Kerttula - from 7:30 a.m. to 9:30 a.m., April 25, 2002                               
                                                                                                    
                                                                                                    
HB 464                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 464                                                                              
    "An Act relating to statewide school district correspondence study                              
    programs."                                                                                      
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 521                                                                                            
CSHB 521(CRA) was engrossed, signed by the Speaker and Acting                                       
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber               4:30 p.m., 4/24                           
                                                                                                    
                                                                                                    

2002-04-24                     House Journal                      Page 3118
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., April 25, 2002.  There being no                                     
objection, the House adjourned at 10:57 a.m.                                                        
                                                                                                    
                                             Solyra Sepulveda                                       
                                             Assistant Chief Clerk