Legislature(2003 - 2004)
2003-03-04 House Journal
Full Journal pdf2003-03-04 House Journal Page 0373 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday March 4, 2003 Forty-third Day The House was called to order by Speaker Kott at 11:37 a.m. Roll call showed 34 members present. Representatives Kookesh and Whitaker had been previously excused from a call of the House today. Representative Moses was absent and his presence was noted later. There was one vacancy. Representative Coghill moved and asked unanimous consent that Representatives Kerttula and Kohring be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Representative Gatto. Representative Stoltze moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. The word Genesis means beginnings. Each day we discover many new beginnings. Each day we celebrate new life, new hope, and new directions. Today, in fact this very morning, in our great state we recognize new leaders. These men and women chosen to lead will be tasked with a truly awesome responsibility. Leaders know that wise men build their house on rock so that when the rains come, and the streams rise, and the winds blow and beat upon the house, the house will not fall. So, too, we ask that these new leaders of our great state consider each decision as a part of the foundation of our great state. And we 2003-03-04 House Journal Page 0374 ask that each decision be guided by wisdom, by a sense of purpose, and ultimately by their strong love for Alaska. And by your fruits they will know you. The Pledge of Allegiance was led by Representative Berkowitz. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 42nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES The Resources Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Sarah H. Palin Randy Ruedrich as members of the Oil and Gas Conservation Commission. The reports were signed by Representative Fate, Co-chair; and Representatives Lynn, Heinze, Guttenberg, and Masek. HB 51 The Labor & Commerce Committee has considered: HOUSE BILL NO. 51 "An Act requiring pharmacists to include generic drug information on containers in which brand-name prescription drug orders are dispensed." and recommends it be replaced with: CS FOR HOUSE BILL NO. 51(HES) (same title) 2003-03-04 House Journal Page 0375 The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (6): Lynn, Gatto, Crawford, Guttenberg, Dahlstrom, Anderson No recommendation (1): Rokeberg The following fiscal note(s) apply to CSHB 51(HES): 1. Zero, Dept. of Community & Economic Development HB 51 was referred to the Rules Committee for placement on the calendar. HB 100 The Finance Committee has considered: HOUSE BILL NO. 100 "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 100(FIN) "An Act making supplemental and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Meyer, Hawker, Stoltze, Chenault, Foster, Harris, Williams No recommendation (2): Joule, Moses Amend (1): Croft 2003-03-04 House Journal Page 0376 HB 100 was referred to the Rules Committee for placement on the calendar. HB 140 The State Affairs Committee has considered: HOUSE BILL NO. 140 "An Act relating to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; and providing for an effective date." The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (6): Seaton, Gruenberg, Holm, Dahlstrom, Lynn, Weyhrauch The following fiscal note(s) apply: 1. Zero, Dept. of Administration HB 140 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Marguerite Mead By Representative Meyer Honoring - Juneau-Douglas High School Crimson Bears 2002 4A Volleyball Champions By Senator Elton; Representatives Kerttula, Weyhrauch In Memoriam - Kenneth John Alcantra By Representatives Stoltze, Kohring, Gatto; Senator Green 2003-03-04 House Journal Page 0377 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 146 HOUSE BILL NO. 146 by Representatives McGuire and Gruenberg, entitled: "An Act repealing the termination date of certain provisions that require the reporting of social security numbers and automated data matching with financial institutions for child support enforcement purposes; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services Committee. HB 147 HOUSE BILL NO. 147 by Representatives Holm, Fate, and Stoltze, entitled: "An Act naming the William Ransom Wood Centennial Bridge in Fairbanks." was read the first time and referred to the Transportation Committee. HB 148 HOUSE BILL NO. 148 by Representative Harris, entitled: "An Act instructing the State Board of Registration for Architects, Engineers, and Land Surveyors to adopt minimum technical standards relating to the practice of surveying." was read the first time and referred to the Labor & Commerce Committee. The Speaker stated that the House would stand at ease to allow members of the Senate to enter the Chamber for a joint session; and so, the House stood at ease at 11:46 a.m. AFTER AT EASE The Speaker called the House back to order at 12:07 p.m. 2003-03-04 House Journal Page 0378 **The presence of Representative Moses was noted. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Kott turned the gavel over to President Therriault who called the joint session to order at 12:08 p.m. The purpose of the joint session was to consider limited confirmation of the Governor's appointments. A roll call of the Senate showed 19 members present. A roll call of the House showed 35 members present. 2003 CONFIRMATION OF GOVERNOR'S APPOINTMENTS The commissioner appointments are as follows: Attorney General Gregg D. Renkes Appointed: 12/02/2002 Commissioner - Department of Administration Mike Miller Appointed: 02/01/2003 Commissioner - Department of Community and Economic Development Edgar Blatchford Appointed: 01/18/2003 Commissioner - Department of Corrections Marc Antrim Appointed: 12/09/2002 Commissioner - Department of Environmental Conservation Ernesta Ballard Appointed: 12/09/2002 2003-03-04 House Journal Page 0379 Commissioner - Department of Health and Social Services Joel Gilbertson Appointed: 12/09/2002 Commissioner - Department of Labor and Workforce Development Greg S. O'Claray Appointed: 12/09/2002 Commissioner - Department of Military and Veterans' Affairs Brigadier General Craig E. Campbell Appointed: 12/30/2002 Commissioner - Department of Natural Resources Tom Irwin Appointed: 01/17/2003 Commissioner - Department of Public Safety Bill Tandeske Appointed: 02/03/2003 Commissioner - Department of Revenue William A. Corbus Appointed: 12/09/2002 Commissioner - Department of Transportation and Public Facilities Mike Barton Appointed: 02/18/2003 The boards and commissions appointments are as follows: Oil and Gas Conservation Commission Sarah H. Palin - Wasilla Appointed: 02/19/2003 Term Expires: 03/01/2008 Randy Ruedrich - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2006 2003-03-04 House Journal Page 0380 University of Alaska Board of Regents James C. Hayes - Fairbanks Appointed: 02/01/2003 Term Expires: 02/01/2011 Cynthia Henry - Fairbanks Appointed: 02/01/2003 Term Expires: 02/01/2011 Mary K. Hughes - Anchorage Appointed: 07/09/2002 Term Expires: 02/01/2009 Derek Miller - Fairbanks, Student Representative Appointed: 10/25/2002 Term Expires: 06/01/2003 Michael Snowden - Sitka Appointed: 01/21/2003 Term Expires: 02/01/2009 Regulatory Commission of Alaska (RCA) Dave Harbour - Anchorage Appointed: 02/01/2003 Term Expires: 03/01/2008 Mark Johnson - Anchorage Appointed: 07/01/2003 Term Expires: 03/01/2009 Senator Ben Stevens moved and asked unanimous consent that the following appointment as attorney general be confirmed: Attorney General Gregg D. Renkes There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Administration Mike Miller There being no objection, it was so ordered. 2003-03-04 House Journal Page 0381 Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Community and Economic Development Edgar Blatchford There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Corrections Marc Antrim There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Environmental Conservation Ernesta Ballard There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Health and Social Services Joel Gilbertson There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Labor and Workforce Development Greg S. O'Claray 2003-03-04 House Journal Page 0382 There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Military and Veterans' Affairs Brigadier General Craig E. Campbell There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Natural Resources Tom Irwin There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Public Safety Bill Tandeske There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Revenue William A. Corbus There being no objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Transportation and Public Facilities Mike Barton 2003-03-04 House Journal Page 0383 Representative Gara objected. The question being: "Shall Mike Barton be confirmed as Commissioner of the Department of Transportation and Public Facilities?" The roll of the Senate was called with the following result: Commissioner - Dept. of Transportation and Public Facilities Confirm - Barton SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Davis, Therriault Excused: Seekins The roll of the House was taken with the following result: Commissioner - Dept. of Transportation and Public Facilities Confirm - Barton HOUSE YEAS: 34 NAYS: 1 EXCUSED: 4 ABSENT: 0 VACANT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Gara Excused: Kerttula, Kohring, Kookesh, Whitaker Absent: Vacant TOTAL: YEAS: 53 NAYS: 1 EXCUSED: 5 ABSENT: 0 VACANT: 1 And so, Mike Barton was confirmed as Commissioner of the Department of Transportation and Public Facilities. 2003-03-04 House Journal Page 0384 Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Regulatory Commission of Alaska (RCA) Dave Harbour - Anchorage Appointed: 02/01/2003 Term Expires: 03/01/2008 Mark Johnson - Anchorage Appointed: 07/01/2003 Term Expires: 03/01/2009 University of Alaska Board of Regents James C. Hayes - Fairbanks Appointed: 02/01/2003 Term Expires: 02/01/2011 Cynthia Henry - Fairbanks Appointed: 02/01/2003 Term Expires: 02/01/2011 Mary K. Hughes - Anchorage Appointed: 07/09/2002 Term Expires: 02/01/2009 Derek Miller - Fairbanks, Student Representative Appointed: 10/25/2002 Term Expires: 06/01/2003 Michael Snowden - Sitka Appointed: 01/21/2003 Term Expires: 02/01/2009 Oil and Gas Conservation Commission Sarah H. Palin - Wasilla Appointed: 02/19/2003 Term Expires: 03/01/2008 Randy Ruedrich - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2006 Objection was heard to the confirmation of Sarah H. Palin and Randy Ruedrich to the Oil and Gas Conservation Commission. Senator Ben Stevens restated his motion to confirm the appointments to the Regulatory Commission of Alaska and the University of Alaska Board of Regents and asked unanimous consent. There being no objection, it was so ordered. 2003-03-04 House Journal Page 0385 Senator Ben Stevens moved that Sarah H. Palin be confirmed to the Oil and Gas Conservation Commission. Senator Lincoln objected. The question being: "Shall Sarah H. Palin be confirmed to the Oil and Gas Conservation Commission?" The roll of the House was taken with the following result: Oil and Gas Conservation Commission Confirm - Palin HOUSE YEAS: 33 NAYS: 2 EXCUSED: 4 ABSENT: 0 VACANT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kott, Lynn, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Croft, Masek Excused: Kerttula, Kohring, Kookesh, Whitaker The roll of the Senate was called with the following result: Oil and Gas Conservation Commission Confirm - Palin SENATE YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Green, Guess, Hoffman, Ogan, Olson, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Davis, Dyson, Therriault Nays: Lincoln Excused: Seekins TOTAL: YEAS: 51 NAYS: 3 EXCUSED: 5 ABSENT: 0 VACANT: 1 2003-03-04 House Journal Page 0386 And so, Sarah H. Palin was confirmed to the Oil and Gas Conservation Commission. Senator Ben Stevens moved that Randy Ruedrich be confirmed to the Oil and Gas Conservation Commission. Representative Berkowitz objected. Senator Taylor placed a call of the joint session. The call was satisfied. The question being: "Shall Randy Ruedrich be confirmed to the Oil and Gas Conservation Commission?" The roll of the Senate was called with the following result: Oil and Gas Conservation Commission Confirm - Ruedrich SENATE YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Green, Ogan, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Dyson, Therriault Nays: Elton, French, Guess, Hoffman, Lincoln, Olson, Davis, Ellis Excused: Seekins The roll of the House was taken with the following result: Oil and Gas Conservation Commission Confirm - Ruedrich HOUSE YEAS: 25 NAYS: 10 EXCUSED: 4 ABSENT: 0 VACANT: 1 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Moses 2003-03-04 House Journal Page 0387 Excused: Kerttula, Kohring, Kookesh, Whitaker TOTAL: YEAS: 36 NAYS: 18 EXCUSED: 5 ABSENT: 0 VACANT: 1 And so, Randy Ruedrich was confirmed to the Oil and Gas Conservation Commission. Senator Ben Stevens moved and asked unanimous consent that the joint session adjourn. There being no objection, President Therriault adjourned the joint session at 1:14 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 1:19 p.m. ENROLLMENT HCR 6 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:12 p.m., March 3, 2003: CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(FSH) Relating to the continuation of the Joint Legislative Salmon Industry Task Force until 2004. UNFINISHED BUSINESS HB 26 Representative Gatto added his name as cosponsor to: HOUSE BILL NO. 26 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." 2003-03-04 House Journal Page 0388 HB 46 Representative Holm added his name as cosponsor to: HOUSE BILL NO. 46 "An Act relating to ballots." HB 51 Representative Guttenberg added his name as cosponsor to: HOUSE BILL NO. 51 "An Act requiring pharmacists to include generic drug information on containers in which brand-name prescription drug orders are dispensed." HB 52 Representative Wolf added his name as cosponsor to: HOUSE BILL NO. 52 "An Act relating to the forfeiture of property used to possess or distribute child pornography, to commit indecent viewing or photography, to commit a sex offense, or to solicit the commission of, attempt to commit, or conspire to commit possession or distribution of child pornography, indecent viewing or photography, or a sexual offense." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 5, 2003. There being no objection, the House adjourned at 1:25 p.m. Suzi Lowell Chief Clerk