Legislature(2001 - 2002)

2001-01-17 House Journal

Full Journal pdf

2001-01-17                     House Journal                      Page 0107
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                  Wednesday              January 17, 2001                           
                                                                                                    
                                Tenth Day                                                      
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:08 a.m.                                                                                
                                                                                                    
Roll call showed 33 members present.  Representatives Morgan and                                    
Rokeberg had been previously excused from a call of the House today.                                
Representatives Cissna and Murkowski were excused from a call of                                    
the House today due to illness.  Representatives Kookesh and Davies                                 
were absent and their presence was noted later.                                                     
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Masek's previous excused absence (page 83) be                                        
extended through 1:50 p.m., plane time, today.  There being no                                      
objection, it was so ordered.                                                                       
                                                                                                    
The invocation was offered by Pastor Patrick Brayton of the Valley                                  
Chapel.  Representative Hudson moved and asked unanimous consent                                    
that the invocation be spread on the journal. There being no objection,                             
it appears below:                                                                                   
                                                                                                    
     Heavenly Father, I come to You in earnest prayer for all the                                   
     men and women who serve the State of Alaska in these                                           
     chambers.  Lord, we know their pressures are many and                                          
     because of the authority You have given them, many will                                        
     assail them, pushing their own agenda with, often, impure                                      
     motives.  Grant them please, Your wisdom and Your grace.                                       
     Give them the strength to resist any pressure that would push                                  
     them out of Your will or cause them to stray from any of the                                   
     principles You have sown in their hearts.  Let them act with                                   
     the confidence that comes from knowing Your clear direction,                                   
     and let them enjoy the peace that comes from knowing You                                       
     are pleased with their efforts.  Father, please reward them for                                
   their  sacrifice  by  granting spiritual as well as physical health                             
                                                                                                    

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     to them and to their families.  By Your grace, may this be a                                   
     blessed and fruitful session for the true good of Alaska.  Give                                
     today, Your favor for this day's task.  Let there be a spirit of                               
     unity and cooperation in this room and in these halls, and may                                 
     that spirit be rooted in the truth.  In the name of our Lord                                   
     Jesus Christ I pray.  Amen.                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Ogan.                                            
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the ninth legislative day be approved as certified by the                               
Chief Clerk. There being no objection, it was so ordered.                                           
                                                                                                    
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
The following reports were received:                                                                
                                                                                                    
Alaska Commercial Fishing and Agriculture Bank                                                      
2000 Annual Report                                                                                  
January 15, 2001                                                                                    
(as required by AS 44.81.200)                                                                       
                                                                                                    
Dept. of Community & Economic Development                                                           
  Division of Insurance                                                                             
  62nd Annual Report                                                                                
  Calendar Year 1999                                                                                
  Fiscal Year 2000                                                                                  
  (as required by AS 21.06.110)                                                                     
                                                                                                    
Dept. of Environmental Conservation                                                                 
Division of Facility Construction and Operation                                                     
Alaska Clean Water and Drinking Water                                                               
  Revolving Loan Funds                                                                              
Annual Report and Program Overview                                                                  
State Fiscal Year 2000                                                                              
(as required by AS 46.03.032)                                                                       

2001-01-17                     House Journal                      Page 0109
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HJR 6                                                                                             
The Transportation Committee has considered:                                                        
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 6                                                                   
     Relating to opposition to the inclusion of national forests in                                 
     Alaska within President Clinton's Roadless Area Conservation                                   
     rule and supporting the overturning of this inclusion by litigation,                           
     by congressional action, or by action of President-elect Bush.                                 
                                                                                                    
and recommends the following amendment:                                                             
                                                                                                    
Page 2, line 25:                                                                                    
 Delete "5,000,000"                                                                                 
 Insert "50,000,000"                                                                                
                                                                                                    
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Kapsner, Kookesh, Ogan, Scalzi, Wilson, Kohring                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Transportation Committee                                                            
                                                                                                    
HJR 6 was referred to the Resources Committee.                                                      
                                                                                                    
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Agnes Royer                                                                              
By Senator Taylor                                                                                   
                                                                                                    
In Memoriam - John Richard "Dick" Hafer                                                             
By Representative Rokeberg                                                                          
                                                                                                    

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In Memoriam - Winifred E. Williams                                                                  
By Senator Taylor                                                                                   
                                                                                                    
                                                                                                    
In Memoriam - Opal J. Amundson                                                                      
By Senator Taylor                                                                                   
                                                                                                    
                                                                                                    
In Memoriam - Darald Dewitt, Ka-Klaa                                                                
By Senator Taylor                                                                                   
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HCR 3                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 3 by Representative                                                 
Rokeberg:                                                                                           
                                                                                                    
     Proposing amendments to the Uniform Rules of the Alaska State                                  
     Legislature relating to committee meetings; and providing for an                               
     effective date.                                                                                
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
**The presence of Representative Kookesh was noted.                                                 
                                                                                                    
                                                                                                    
HJR 8                                                                                             
HOUSE JOINT RESOLUTION NO. 8 by Representatives Mulder and                                          
Guess:                                                                                              
                                                                                                    
     Relating to supporting the Great Alaska Shootout, the Top of the                               
     World Classic, and similar preseason basketball tournaments, and                               
     requesting that the National Collegiate Athletic Association reject                            
     legislative proposal No. 2000-106.                                                             
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services Committee.                                                                                 
                                                                                                    

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                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 67                                                                                             
HOUSE BILL NO. 67 by Representative Rokeberg, entitled:                                             
                                                                                                    
     "An Act requiring proof of motor vehicle insurance in order to                                 
     register a motor vehicle; and relating to motor vehicle liability                              
     insurance for taxicabs."                                                                       
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 68                                                                                             
HOUSE BILL NO. 68 by Representative Rokeberg, entitled:                                             
                                                                                                    
     "An Act relating to civil liability for transporting an intoxicated                            
     person; and providing for an effective date."                                                  
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         
                                                                                                    
**The presence of Representative Davies was noted.                                                  
                                                                                                    
HB 69                                                                                             
HOUSE BILL NO. 69 by Representative Rokeberg, entitled:                                             
                                                                                                    
     "An Act relating to income of the permanent fund; and providing                                
     for an effective date."                                                                        
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 70                                                                                             
HOUSE BILL NO. 70 by Representatives Crawford and Hayes,                                            
entitled:                                                                                           
                                                                                                    
     "An Act extending the termination date of the State Physical                                   
     Therapy and Occupational Therapy Board."                                                       
                                                                                                    

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was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 71                                                                                             
HOUSE BILL NO. 71 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the education of children with disabilities and                            
     of gifted children; relating to the Governor's Council on                                      
     Disabilities and Special Education; making conforming                                          
     amendments; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Special Committee on                                    
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
The Governor's transmittal letter dated January 15, 2001, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
Alaska's responsibility for providing quality educational services for                              
our children extends to all children, including those with unique                                   
educational needs.  I transmit today a bill clarifying the state's role in                          
the education of our exceptional children.                                                          
                                                                                                    
In 1997, Congress authorized amendments to the Individuals with                                     
Disabilities Education Act (IDEA).  The subsequent federal                                          
regulations related to the IDEA took effect in May 1999.  This bill                                 
amends inconsistent components of our state statutes to bring Alaska                                
into compliance with these current federal special education mandates,                              
including emphasizing the participation of parents in making decisions                              
relating to special education eligibility and services.                                             
                                                                                                    
An important protection provided to both school districts and children                              
with disabilities is the due process hearing.  This bill clarifies the                              

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procedures for requesting a due process hearing and streamlines the                                 
process for selecting a hearing officer by having the Department of                                 
Education and Early Development (department) randomly assign                                        
officers from a list maintained by the department.  These procedures                                
will help due process hearings be completed in a fair and timely                                    
fashion.                                                                                            
                                                                                                    
Alaska law presently requires that a school district provide special                                
education services to children with disabilities who reside in the                                  
district.  State law also exempts children from attending public school                             
if children are enrolled in an alternative education program.  This has                             
resulted in confusion regarding which school district or other                                      
educational agency is responsible for providing special education                                   
services when children are enrolled in alternate programs.  This bill                               
addresses this problem by providing for allocation of the                                           
responsibilities and coordination of the provision of special education                             
services among the various educational agencies.                                                    
                                                                                                    
Present state law provides a combined program of services for gifted                                
children and for children with disabilities.  The detailed requirements                             
of the federal IDEA and the federal program financing apply only to                                 
the state's educational programs for children with disabilities; federal                            
money for the IDEA may not be used for programs for gifted children.                                
To be consistent with federal requirements, this bill separates statutes                            
regarding special education requirements for children with disabilities                             
from those regarding requirements for gifted children.  However, the                                
bill maintains procedural safeguards for both programs.                                             
                                                                                                    
As part of Alaska's commitment to quality education for all children,                               
including children with disabilities and gifted children, I urge your                               
prompt and favorable action on this bill.                                                           
                                                                                                    
                            Sincerely,                                                              
                            /s/                                                                     
                            Tony Knowles                                                            
                            Governor"                                                               
                                                                                                    
HB 72                                                                                             
HOUSE BILL NO. 72 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             

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     "An Act relating to an assistant adjutant general for national                                 
     missile defense in the Department of Military and Veterans'                                    
     Affairs."                                                                                      
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military and Veterans' Affairs and the State Affairs and Finance                                    
Committees.                                                                                         
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Military & Veterans' Affairs                                                   
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated January 15, 2001, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
This bill I am transmitting establishes the position of assistant adjutant                          
general for national missile defense in the Department of Military and                              
Veterans' Affairs to represent the state in matters pertaining to the                               
development and deployment of the national missile defense program.                                 
                                                                                                    
This position would be federally financed and authorized for as long                                
as the federal government is developing and deploying the national                                  
missile defense program in this state and is financing the position,                                
which is expected for at least three years.  The position would be filled                           
by the adjutant general with the concurrence of the governor.                                       
                                                                                                    
In order for the state to thoroughly participate in the national missile                            
defense program as it involves Alaska, I urge your prompt and                                       
favorable action on this measure.                                                                   
                                                                                                    
                            Sincerely,                                                              
                                /s/                                                                 
                               Tony Knowles                                                        
                            Governor"                                                               
                                                                                                    
                                                                                                    

2001-01-17                     House Journal                      Page 0115
HB 73                                                                                             
HOUSE BILL NO. 73 by Representatives Hayes and Crawford,                                            
entitled:                                                                                           
                                                                                                    
     "An Act extending the termination date of the Board of Veterinary                              
     Examiners."                                                                                    
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
HB 74                                                                                             
HOUSE BILL NO. 74 by Representative Crawford, entitled:                                             
                                                                                                    
     "An Act extending the termination date of the Board of Barbers                                 
     and Hairdressers."                                                                             
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                   SECOND READING OF HOUSE RESOLUTIONS                                           
                                                                                                    
HCR 2                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 2                                                              
     Authorizing two recesses by the Senate and House of                                            
     Representatives, each for a period of more than three days.                                    
                                                                                                    
The question being:  "Shall HCR 2 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HCR 2                                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  5   ABSENT:  1                                                   
                                                                                                    

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Yeas:  Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Dyson,                                 
Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                        
McGuire, Meyer, Moses, Ogan, Porter, Scalzi, Stevens, Whitaker,                                     
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Davies                                                                                       
                                                                                                    
Excused:  Cissna, Masek, Morgan, Murkowski, Rokeberg                                                
                                                                                                    
Absent:  Mulder                                                                                     
                                                                                                    
And so, HCR 2 passed the House and was referred to the Chief Clerk                                  
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                          LEGISLATIVE CITATIONS                                                  
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Karma Darani and Rhonda Hanks                                                            
By Representatives James, Porter, Berkowitz, Bunde, Chenault,                                       
Coghill, Crawford, Croft, Davies, Fate, Harris, Hayes, Hudson, Joule,                               
Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                 
Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams, Wilson                                      
                                                                                                    
In Memoriam - Alfred Nakak                                                                          
By Representatives Foster, Porter, Berkowitz, Bunde, Chenault,                                      
Coghill, Crawford, Croft, Davies, Fate, Harris, Hayes, Hudson, James,                               
Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan,                                  
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams,                                     
Wilson                                                                                              
                                                                                                    
In Memoriam - Dr. Milo H. Fritz                                                                     
By Senator Torgerson; Representatives Porter, Berkowitz, Bunde,                                     
Chenault, Coghill, Crawford, Croft, Davies, Fate, Foster, Harris,                                   
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                         
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    

2001-01-17                     House Journal                      Page 0117
                           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 Kohring - from 7:21 p.m., plane time, January 19 to                                  
9:35 p.m., plane time, January 21; and from 7:05 a.m., plane time,                                  
January 26 to 9:45 p.m., plane time, January 29, 2001                                               
                                                                                                    
                                                                                                    
HCR 1                                                                                             
Representative Kapsner added her name as cosponsor to:                                              
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 1                                                              
     Relating to establishing a Task Force on a Statewide                                           
     Comprehensive Energy Plan.                                                                     
                                                                                                    
                                                                                                    
HB 44                                                                                             
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 44                                                                              
     "An Act designating the Joe Redington, Sr., Memorial Road."                                    
                                                                                                    
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HCR 2                                                                                             
HCR 2 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber                  upon adj., 1/17                        
                                                                                                    
                                                                                                    

2001-01-17                     House Journal                      Page 0118
                               ADJOURNMENT                                                       
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., January 19, 2001.  There being no                                   
objection, the House adjourned at 10:41 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk