Legislature(2003 - 2004)

2003-01-24 House Journal

Full Journal pdf

2003-01-24                     House Journal                      Page 0055
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                     Friday              January 24, 2003                           
                                                                                                    
                                Fourth Day                                                     
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:05 a.m.                                                                                  
                                                                                                    
                                                                                                    
Roll call showed 30 members present.  Representative Morgan had                                     
been previously excused from a call of the House today.                                             
Representatives Chenault, Foster, and Stevens were absent and their                                 
presence was noted later.                                                                           
                                                                                                    
                                                                                                    
Representative Coghill 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 Gatto - from today to 11:00 p.m., January 26, 2003                                   
                                                                                                    
Representative Croft - to 11:30 a.m. today                                                          
                                                                                                    
Representative Whitaker - from today to 2:00 a.m., January 28, 2003                                 
                                                                                                    
Representative Kohring - from today to 9:35 a.m., plane time,                                       
January 27, 2003                                                                                    
                                                                                                    
Representative Dahlstrom - from today to 4:00 p.m., January 25, 2003                                
                                                                                                    
Representative Williams - from today to 1:00 p.m., January 27, 2003                                 
                                                                                                    
                                                                                                    

2003-01-24                     House Journal                      Page 0056
The invocation was offered by the Chaplain, The Reverend Kathleen                                   
Wakefield of The Church of the Holy Trinity.  Representative Coghill                                
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
     God of all peoples, as we come to the end of the first week of                                 
     this new legislative session, we ask You to continue to spread                                 
     Your grace on these, Your servants.  They have long days and                                   
     difficult decisions ahead--please bless them with patience,                                    
     perseverance, generosity, and courtesy.  Help them listen to                                   
     each other and to those who will come to them for assistance.                                  
     And grant them true sensitivity towards the poor, the hungry,                                  
     and the vulnerable--those most in need of their work and their                                 
     care.  Amen.                                                                                   
                                                                                                    
The Pledge of Allegiance was led by Representative Kerttula.                                        
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the first, second, and third legislative days and Senate and                            
House Joint Journal Supplement No. 1 be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                              OATH OF OFFICE                                                     
                                                                                                    
Speaker Kott appointed Representatives McGuire and Kerttula to                                      
escort Peggy Wilson to the rostrum.                                                                 
                                                                                                    
Speaker Kott administered the oath of office to Peggy Wilson,                                       
District 2.                                                                                         
                                                                                                    
**The presence of Representative Chenault was noted.                                                
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated January 21, 2003, was received stating the Senate                                   
has accepted the invitation to meet in joint session in the House                                   
Chamber at 7:00 p.m., January 23 to hear the Governor's State of the                                
State and Budget messages.                                                                          

2003-01-24                     House Journal                      Page 0057
A message dated January 24, 2003, was read stating the Senate has                                   
accepted the invitation to meet in joint session in the House Chamber                               
at 11:00 a.m., March 5 to hear the State of the Judiciary address by                                
Chief Justice Dana Fabe.                                                                            
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
Letters dated January 22, 2003, were received from Dana Fabe, Chief                                 
Justice of the Alaska Supreme Court, stating she has nominated the                                  
following public members to serve on the Select Committee on                                        
Legislative Ethics:                                                                                 
                                                                                                    
 Dennis "Skip" Cook                                                                                 
 Shirley McCoy                                                                                      
                                                                                                    
The Speaker referred the appointments to the Judiciary Committee.                                   
                                                                                                    
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Administration                                                                             
Division of Retirement and Benefits                                                                 
Comprehensive Annual Financial Report                                                               
Fiscal Year Ended June 30, 2002                                                                     
 Public Employees' Retirement System                                                                
 Teachers' Retirement System                                                                        
                                                                                                    
Dept. of Environmental Conservation                                                                 
 Office of the Commissioner                                                                         
 Oil and Other Hazardous Substances Pollution Control                                               
 Amendments to 18 AAC 75                                                                            
 (as required by AS 46.03.758)                                                                      
 January 21, 2003                                                                                   
                                                                                                    
 Division of Spill Prevention and Response                                                          
  Oil and Hazardous Substance Release                                                               
   Prevention and Response Fund                                                                     
  Biennial Report, Fiscal Year 2001-2002                                                            
  January 2003                                                                                      
  (as required by AS 46.08.060)                                                                     

2003-01-24                     House Journal                      Page 0058
  Underground Storage Tank Revolving Fund                                                           
  Annual Report, Fiscal Year 2002                                                                   
  January 21, 2003                                                                                  
  (as required by AS 46.03.410)                                                                     
                                                                                                    
Dept. of Transportation & Public Facilities                                                         
Office of the Commissioner                                                                          
FY 2003 Spending Plan for the International                                                         
 Airport Revenue Bond Construction Fund                                                             
(as required by AS 37.15.420)                                                                       
                                                                                                    
Legislative Affairs Agency                                                                          
Division of Legal and Research Services                                                             
Report Listing Alaska Statutes with Delayed                                                         
 Repeals or Delayed Amendments and                                                                  
 Examining Court Decisions and Opinions of                                                          
 the Attorney General Construing Alaska Statutes                                                    
(as required by AS 24.20.065)                                                                       
                                                                                                    
                                                                                                    
The following were received from:                                                                   
                                                                                                    
Division of Legislative Audit                                                                       
Legislative Budget & Audit Committee                                                                
(as required by AS 24.20.311)                                                                       
                                                                                                    
 2002 Annual Report, Unabridged                                                                     
 2002 Annual Report, Condensed                                                                      
                                                                                                    
                                                                                                    
**The presence of Representative Stevens was noted.                                                 
                                                                                                    
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Jean Burand                                                                              
By Representative Foster                                                                            

2003-01-24                     House Journal                      Page 0059
Commemorating - Dr. Martin Luther King, Jr. Day                                                     
By Senator Davis                                                                                    
                                                                                                    
Honoring - Mahala Ashley Dickerson                                                                  
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Sven Haakanson, Sr.                                                                   
By Representative Stevens; Senator Austerman                                                        
                                                                                                    
In Memoriam - Margaret "Peggy" Sutliff                                                              
By Representative Stevens; Senator Austerman                                                        
                                                                                                    
In Memoriam - Mrs. Charlie Berkley                                                                  
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Eula Cleveland                                                                        
By Senator Davis; Representative Gara                                                               
                                                                                                    
In Memoriam - Gail Dorr                                                                             
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Mrs. Iola K. Banks                                                                    
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Roscoe Wyche, Jr.                                                                     
By Senator Davis; Representative Gara                                                               
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HJR 6                                                                                             
HOUSE JOINT RESOLUTION NO. 6 by the House Special                                                   
Committee on Oil & Gas:                                                                             
                                                                                                    
     Urging the United States Congress to pass legislation to open the                              
     coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                           
     and gas exploration, development, and production.                                              
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              

2003-01-24                     House Journal                      Page 0060
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 61                                                                                             
HOUSE BILL NO. 61 by Representatives Chenault, Kohring, and                                         
Wolf, entitled:                                                                                     
                                                                                                    
     "An Act establishing an exploration and development incentive                                  
     tax credit for persons engaged in the exploration for and                                      
     development of less than 150 barrels of oil or of gas for sale and                             
     delivery without reference to volume from a lease or property in                               
     the state; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
                                                                                                    
HB 62                                                                                             
HOUSE BILL NO. 62 by Representative Harris, entitled:                                               
                                                                                                    
     "An Act relating to construction, plumbing, mechanical, electrical,                            
     fire safety, and other safety codes adopted by state agencies and                              
     municipalities; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 63                                                                                             
HOUSE BILL NO. 63 by Representative Berkowitz, entitled:                                            
                                                                                                    
     "An Act relating to filling the vacancy in the office of United                                
     States Senator."                                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following Governor's bills are out of numerical sequence because                                
the numbers were preassigned.                                                                       
                                                                                                    

2003-01-24                     House Journal                      Page 0061
HB 75                                                                                             
HOUSE BILL NO. 75 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; making appropriations under art. IX, sec.                                 
     17(c), Constitution of the State of Alaska, from the constitutional                            
     budget reserve fund; and providing for an effective date."                                     
                                                                                                    
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated January 23, 2003, follows:                                  
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
AS 37.07.020 required that I submit a budget for the 2004 fiscal year                               
to the Legislature and the public on December 15th of last year.  That                              
law also requires that 'bills identical in content' to those I released in                          
December be delivered to the Legislature by the fourth legislative day.                             
The bills delivered today contain the Fiscal Year 2003 operating                                    
budget as appropriated by the last Legislature and signed into law by                               
the previous Governor.  Again, they provide a useful point of                                       
reference for your budget discussions.                                                              
                                                                                                    
This Administration will use the next five weeks to prepare for                                     
delivery to you a responsive state budget for fiscal year 2004.                                     
Departments are evaluating all services they deliver, using the process                             
set forth in Administrative Order 202.  This process includes                                       
identification of the intended purpose of all programs, their                                       
effectiveness in delivering those results, and the efficiency in which                              
they use public dollars.  The goal is to provide a basis upon which                                 
reasoned budget decisions may be made that further the goals of my                                  
Administration.                                                                                     
                                                                                                    
                                                                                                    
I look forward to working closely with this Legislature to jointly craft                            
a responsive state budget that efficiently provides Alaska residents                                

2003-01-24                     House Journal                      Page 0062
essential state services at a cost that the state can afford over the long-                         
term.                                                                                               
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
Administrative Order No. 202 was attached.                                                          
                                                                                                    
HB 76                                                                                             
HOUSE BILL NO. 76 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act making appropriations for the operating expenses of the                                
     state's integrated comprehensive mental health program; and                                    
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The Governor's transmittal letter for HB 75 applies to HB 76.                                       
                                                                                                    
A letter dated January 23, 2003, with an accompanying spreadsheet, to                               
the Alaska Mental Health Trust Authority from Cheryl Frasca,                                        
Director, Office of Management and Budget, was attached (as required                                
by AS 37.14.003) and is on file in the Chief Clerk's office.                                        
                                                                                                    
**The presence of Representative Foster was noted.                                                  
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative Coghill moved that the House confirm the appointment                                 
of Representatives Rokeberg and Kapsner, and Representatives Heinze                                 
and Kerttula (Alternates) to the Select Committee on Legislative                                    
Ethics.                                                                                             
                                                                                                    
The question being:  "Shall the House confirm the appointment of                                    
Representatives Rokeberg and Kapsner, and Representatives Heinze                                    
and Kerttula (Alternates) to the Select Committee on Legislative                                    
Ethics?"  The roll was taken with the following result:                                             

2003-01-24                     House Journal                      Page 0063
                                                                                                    
Select Committee on Legislative Ethics                                                              
Confirm - Representatives Rokeberg, Kapsner                                                         
Representatives Heinze, Kerttula (Alternates)                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  7   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                  
Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek,                                         
McGuire, Meyer, Moses, Rokeberg, Samuels, Seaton, Stevens,                                          
Stoltze, Weyhrauch, Wilson, Wolf                                                                    
                                                                                                    
Excused:  Croft, Dahlstrom, Gatto, Kohring, Morgan, Whitaker,                                       
Williams                                                                                            
                                                                                                    
And so, the appointments were confirmed.                                                            
                                                                                                    
The Chief Clerk will notify the Senate.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House recess for a meeting of the Committee on Committees.  There                                   
being no objection, the House recessed at 10:24 a.m.                                                
                                                                                                    
                               AFTER RECESS                                                      
                                                                                                    
The Speaker called the House back to order at 10:37 a.m.                                            
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
The Speaker changed the referral for the confirmation of                                            
Commissioner Designee Blatchford, Department of Community &                                         
Economic Development from the Labor & Commerce Committee to                                         
the Community & Regional Affairs Committee.                                                         
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
The following report of the Committee on Committees, dated                                          
January 24, 2003, was received submitting an amendment to the                                       
January 21, 2003, report (page 11):                                                                 
                                                                                                    

2003-01-24                     House Journal                      Page 0064
Transportation:  Holm and Masek, Co-chairs                                                          
                                                                                                    
House Special Committee on Economic Development, International                                      
Trade, and Tourism:  Dahlstrom replaces Morgan                                                      
                                                                                                    
Legislative Budget & Audit Committee:  Joule, Alternate                                             
                                                                                                    
The report was signed by Representative Kott, Chair; and                                            
Representatives Coghill, Rokeberg, Harris, Berkowitz, and Kerttula                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the Committee on Committees Report as amended.                                          
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative Coghill 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 Fate - from 6:00 p.m., January 30 to 10:00 p.m.,                                     
February 2, 2003                                                                                    
                                                                                                    
Representative Anderson - from 12:55 p.m., January 24 to 10:00 p.m.,                                
January 26, 2003; and from 7:30 p.m., January 31 to 10:00 p.m.,                                     
February 2, 2003                                                                                    
                                                                                                    
Representative Berkowitz - from 12:55 p.m., January 24 to 10:00 p.m.,                               
January 26, 2003                                                                                    
                                                                                                    
Representative Cissna - from 7:00 a.m., January 25 to 11:00 p.m.,                                   
plane time, January 26, 2003                                                                        
                                                                                                    
Representative Joule - from noon, February 3 to 1:00 p.m.,                                          
February 6, 2003                                                                                    
                                                                                                    
Representative Dahlstrom - from 7:30 a.m., January 29 to plane time,                                
p.m., January 29, 2003                                                                              
                                                                                                    

2003-01-24                     House Journal                      Page 0065
Representative Meyer - from 7:00 a.m., January 31 to 10:00 p.m.,                                    
February 3, 2003                                                                                    
                                                                                                    
Representative Wolf - from 7:00 a.m., January 31 to 10:00 p.m.,                                     
February 3, 2003                                                                                    
                                                                                                    
Representative Samuels - from noon, February 7 to 11:00 a.m., plane                                 
time, February 10, 2003                                                                             
                                                                                                    
HCR 2                                                                                             
Representative Holm added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 2                                                              
     Relating to the extension of the Alaska Railroad to Fort Greely to                             
     serve the anti-ballistic missile launch facility.                                              
                                                                                                    
HB 8                                                                                              
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 8                                                                               
     "An Act relating to establishing a data base of residential                                    
     telephone customers who do not wish to receive telephonic                                      
     solicitations, providing that the data base be compiled at no cost to                          
     the customers, requiring paid telephonic sellers to purchase the                               
     data base, requiring telephonic sellers to identify themselves, and                            
     requiring telephonic solicitors who are otherwise exempt from                                  
     registration as telephonic solicitors to file with the Department of                           
     Law and purchase the data base; and providing for an effective                                 
     date."                                                                                         
                                                                                                    
HB 27                                                                                             
Representatives Foster, Gatto, Wolf, and Dahlstrom added their names                                
as cosponsors to:                                                                                   
                                                                                                    
     HOUSE BILL NO. 27                                                                              
     "An Act relating to driving while intoxicated; and providing for an                            
     effective date."                                                                               
                                                                                                    
HB 51                                                                                             
Representative Meyer added his name as cosponsor to:                                                
                                                                                                    

2003-01-24                     House Journal                      Page 0066
     HOUSE BILL NO. 51                                                                              
     "An Act requiring pharmacists to include generic drug information                              
     on containers in which brand-name prescription drug orders are                                 
     dispensed."                                                                                    
                                                                                                    
                        ENGROSSMENT AND ENROLLMENT                                               
                                                                                                    
HR 1                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 4:35 p.m., January 23, 2003:                                          
                                                                                                    
     HOUSE RESOLUTION NO. 1                                                                         
     Establishing a House Special Committee on Economic                                             
     Development, International Trade, and Tourism.                                                 
                                                                                                    
HR 2                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 4:35 p.m., January 23, 2003:                                          
                                                                                                    
     HOUSE RESOLUTION NO. 2                                                                         
     Establishing a House Special Committee on Education.                                           
                                                                                                    
HR 3                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 4:35 p.m., January 23, 2003:                                          
                                                                                                    
     HOUSE RESOLUTION NO. 3                                                                         
     Establishing a House Special Committee on Fisheries.                                           
                                                                                                    
HR 4                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 4:35 p.m., January 23, 2003:                                          
                                                                                                    
     HOUSE RESOLUTION NO. 4                                                                         
     Establishing a House Special Committee on Military and                                         
     Veterans' Affairs.                                                                             
                                                                                                    

2003-01-24                     House Journal                      Page 0067
HR 5                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 4:35 p.m., January 23, 2003:                                          
                                                                                                    
     HOUSE RESOLUTION NO. 5                                                                         
     Establishing a House Special Committee on Oil and Gas.                                         
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., January 27, 2003.  There being no                                   
objection, the House adjourned at 10:45 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk