Legislature(2001 - 2002)

2001-01-19 House Journal

Full Journal pdf

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                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                     Friday              January 19, 2001                           
                                                                                                    
                               Twelfth Day                                                     
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:07 a.m.                                                                                
                                                                                                    
Roll call showed 37 members present.  Representatives Morgan and                                    
Rokeberg had been previously excused from a call of the House today.                                
Representative Kerttula was absent and her presence was noted later.                                
                                                                                                    
The invocation was offered by Pastor Patrick Brayton of the Valley                                  
Chapel.  Representative Green moved and asked unanimous consent                                     
that the invocation be spread on the journal. There being no objection,                             
it appears below:                                                                                   
                                                                                                    
     Heavenly Father, we direct our attention now to You.  We                                       
     acknowledge You as Sovereign Lord and believe You reign                                        
     over the affairs of men.  Bring us to an understanding of Your                                 
     will and purpose, that we might not sin against You.  Put it in                                
     our hearts to seek You in prayer, as did the forefathers of our                                
     nation.  We need Your grace and leading, even as they did at                                   
     the birth of these United States.  You have promised to reveal                                 
     Your wisdom to those who would ask it.  You have promised                                      
     Your blessing to those who would heed and follow that                                          
     wisdom so revealed.  So, Father, bless us in this hour Lord, as                                
     we humbly ask You to reveal to us Your plan for the State of                                   
     Alaska.  You alone know what the future holds for us and                                       
     You alone know what preparations we need to make.  Let us                                      
     therefore heed Your word, walk in Your truth and surrender                                     
     our will to You.  Lord, You have oft declared Your love for                                    
     us.  May we be respondent to that love and trust in You alone.                                 
     Your word tells us that You have plans for us.  "Plans for                                     
     good and not for evil" to give us a future and a hope.  My                                     
     earnest prayer, today, is that You would reveal to all in this                                 
     room, both Your heart and Your mind, and that we would be                                      

2001-01-19                     House Journal                      Page 0124
     accepting of Your help and leading.  God bless all Alaskans                                    
     through the sincere efforts of these, Your servants.  May Your                                 
     favor be evident toward them and may You work through                                          
     them for the good of us all.  In the precious name of Jesus                                    
     Christ I pray.  Amen.                                                                          
                                                                                                    
The Pledge of Allegiance was led by Representative Stevens.                                         
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 10th and 11th legislative days be approved as certified                             
by the Chief Clerk. There being no objection, it was so ordered.                                    
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
A Declaration of Disaster Emergency dated January 12, 2001, with an                                 
accompanying letter was received and is on file in the Chief Clerk's                                
office.  The Declaration and letter had been copied to the Finance                                  
Committee.                                                                                          
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HCR 2                                                                                             
A message dated January 18, 2001, was read stating the Senate has                                   
passed:                                                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 2                                                              
     Authorizing two recesses by the Senate and House of                                            
     Representatives, each for a period of more than three days.                                    
                                                                                                    
HCR 2 was referred to the Chief Clerk for enrollment.                                               
                                                                                                    
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published today in                             
House Journal Supplement No. 1 and Senate and House Joint Journal                                   
Supplement No. 2.                                                                                   

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The following reports were received:                                                                
                                                                                                    
Office of the Governor                                                                              
Office of Management and Budget                                                                     
Retirement Incentive Program                                                                        
Final Status Report                                                                                 
January 15, 2001                                                                                    
                                                                                                    
Dept. of Community & Economic Development                                                           
  Report of the Alaska Minerals Commission 2001                                                     
  (as required by AS 44.33.431)                                                                     
                                                                                                    
  Local Boundary Commission Report                                                                  
  January 17, 2001                                                                                  
  Available at www.dced.state.ak.us/mra/LBC/Mrad_lbc.htm                                            
                                                                                                    
Dept. of Law                                                                                        
Dept. of Public Safety                                                                              
State Enforcement Activities                                                                        
 Related to Charitable Gaming                                                                       
(as required by AS 05.15.090)                                                                       
                                                                                                    
Dept. of Natural Resources                                                                          
  Division of Mining, Land, and Water                                                               
  2001 Report to the Legislature                                                                    
   Report on Identified RS 2477 Rights-of-Way                                                       
  (as required by AS 19.30.400)                                                                     
                                                                                                    
   Notification of Annual Mining Report                                                             
   (as required by AS  27.05.060)                                                                   
                                                                                                    
   Land Disposal Bank                                                                               
   (as required by AS 34.04.020)                                                                    
                                                                                                    
   Land Disposal Income Fund                                                                        
   (as required by AS 38.04.022)                                                                    
                                                                                                    
   Notification of Annual Report on                                                                 
    Water Removals and Exports                                                                      
   (as required by AS 46.15.020)                                                                    

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  Division of Parks and Outdoor Recreation                                                          
  Traditional Access Restrictions to                                                                
   The State Park System                                                                            
  (as required by AS 41.21.020)                                                                     
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
Dept. of Transportation & Public Facilities                                                         
Alaska Marine Highway System Fund                                                                   
Annual Financial Report                                                                             
Fiscal Year Ended June 30, 2000                                                                     
(as required by AS 19.65.080)                                                                       
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Chief Jason A. Elson                                                                     
By Representative Chenault                                                                          
                                                                                                    
Honoring - Scott Senner, Eagle Scout                                                                
By Representative Rokeberg; Senator Pearce                                                          
                                                                                                    
Honoring - JoAnne and Elden King, 50th Wedding Anniversary                                          
By Senator Phillips                                                                                 
                                                                                                    
Honoring - Scott Gomez, Winner of the NHL Stanley Cup and Calder                                    
Memorial "Rookie of the Year" Trophy                                                                
By Senator Ward                                                                                     
                                                                                                    
In Memoriam - John D. Schandelmeier, 1917-2001                                                      
By Representative Davies                                                                            
                                                                                                    
In Memoriam - Mildred Hering Bettisworth                                                            
By Representative Fate                                                                              
                                                                                                    
In Memoriam - William R. Harden                                                                     
By Representative Berkowitz                                                                         
                                                                                                    

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The following citations were introduced and taken up later as a Special                             
Order of Business:                                                                                  
                                                                                                    
                                                                                                    
Commemorating - Reconciliation Day                                                                  
By Representative Joule; Senator Olson                                                              
                                                                                                    
In Memoriam - Mark Keith Cameron                                                                    
By Senator Leman                                                                                    
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 75                                                                                             
HOUSE BILL NO. 75 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to increasing the minimum hourly wage under                                   
     the Alaska Wage and Hour Act; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration/All Depts.                                                        
2.  Fiscal, Health, Education & Social Services                                                     
                                                                                                    
The Governor's transmittal letter dated January 17, 2001, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
At $5.65 an hour, Alaska's minimum wage is the lowest on the West                                   
Coast, some eighty-five cents under the next lowest minimum wage.                                   
A single parent working year-round at minimum wage earns only two-                                  
thirds of the poverty level for a family of three and cannot hope to rise                           
out of poverty.  These are disturbing facts that must change.                                       

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This bill I transmit today is meant to offer Alaska's low wage workers                              
a better quality of life by increasing the minimum wage to $6.40 on                                 
October 1, 2001, followed by a raise to $7.15 a year later.  The wage                               
would then adjust annually to match inflation, increasing by pennies                                
per year, but protecting the minimal essential purchasing power of                                  
low-wage workers.                                                                                   
                                                                                                    
Alaska's current minimum wage is tied to the federal law.  So we are                                
reliant on whether Congress decides a raise is in order, rather than                                
being able to determine the wage needs specifically for Alaskans.                                   
This outdated relationship has caused our minimum wage to remain                                    
stagnant for as long as nine years, from 1981 to 1990.  And it's                                    
currently been more than 3 years since the last increase.                                           
                                                                                                    
We know Alaska's economy rarely moves in exact synchronization                                      
with the rest of the country.  To tie our workers' wages to what the rest                           
of the country is doing is a disservice to Alaskans.  That is why it is so                          
important not only to raise Alaska's minimum wage, but to provide for                               
its continued adjustment to our local economy.                                                      
                                                                                                    
We have made great progress in the past four years in moving                                        
Alaskans from welfare to work.  But in FY 2000, 22 percent of public                                
assistance recipients entering the workforce earned less than $6.50 per                             
hour.  Increasing the wage of these Alaskans will reduce the temporary                              
cash assistance needed to support their families.                                                   
                                                                                                    
Working for a minimum wage in Alaska should not mean a minimum                                      
quality of life.  In the interest of allowing Alaskans the opportunity to                           
achieve financial independence, I urge your prompt and favorable                                    
action on this important measure.                                                                   
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 76                                                                                             
HOUSE BILL NO. 76 by Representative Rokeberg, entitled:                                             
                                                                                                    

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     "An Act authorizing the commissioner of health and social                                      
     services to provide for the design and construction of psychiatric                             
     treatment facilities to replace the facilities of the Alaska                                   
     Psychiatric Institute."                                                                        
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 77                                                                                             
HOUSE BILL NO. 77 by Representative Rokeberg, entitled:                                             
                                                                                                    
     "An Act relating to appropriations for the design and construction                             
     of a replacement facility or facilities for the Alaska Psychiatric                             
     Institute and for a grant to study the feasibility of locating certain                         
     health programs at the site of the Alaska Psychiatric Institute; and                           
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 78                                                                                             
HOUSE BILL NO. 78 by Representative Williams, entitled:                                             
                                                                                                    
     "An Act making a temporary change to eligibility requirements                                  
     for small community housing loans from the Alaska Housing                                      
     Finance Corporation."                                                                          
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs Committee.                                                                                  
                                                                                                    
HB 79                                                                                             
HOUSE BILL NO. 79 by Representative Kott, entitled:                                                 
                                                                                                    
     "An Act designating a portion of the Eagle River Loop Road as                                  
     the Eagle River Veterans' Memorial Highway."                                                   
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
HB 80                                                                                             
HOUSE BILL NO. 80 by Representative Ogan, entitled:                                                 

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     "An Act relating to the hours during which sale of alcohol and                                 
     entry on licensed premises is allowed; and providing for an                                    
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 81                                                                                             
HOUSE BILL NO. 81 by Representatives Fate and Harris, entitled:                                     
                                                                                                    
     "An Act extending the termination date of the Board of Dental                                  
     Examiners."                                                                                    
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 82                                                                                             
HOUSE BILL NO. 82 by Representatives Harris, James, Coghill,                                        
Whitaker, Masek, and Ogan, entitled:                                                                
                                                                                                    
     "An Act relating to agricultural facilities and operations as private                          
     nuisances; and to disclosures in transfers of real property located                            
     within one mile of an agricultural facility or an agricultural                                 
     operation."                                                                                    
                                                                                                    
was read the first time and referred to the Judiciary and Resources                                 
Committees.                                                                                         
                                                                                                    
HB 83                                                                                             
HOUSE BILL NO. 83 by the House Special Committee on Oil & Gas,                                      
entitled:                                                                                           
                                                                                                    
     "An Act relating to natural gas pipelines, providing a statutory                               
     definition for the portion of the constitutional statement of policy                           
     on resource development as applicable to the development and                                   
     transportation of the state's natural gas reserves, amending Acts                              
     relating to construction of natural gas pipelines to require                                   
     conformance to the requirements of the statutory definition, and                               
     amending the standards applicable to determining whether a                                     
     proposed new investment constitutes a qualified project for                                    

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     purposes of the Alaska Stranded Gas Development Act; and                                       
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              
                                                                                                    
HB 84                                                                                             
HOUSE BILL NO. 84 by Representative Halcro, entitled:                                               
                                                                                                    
     "An Act relating to civil liability for emergency aid."                                        
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                          LEGISLATIVE CITATIONS                                                  
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Agnes Royer                                                                              
By Senator Taylor; Representatives Porter, Berkowitz, Bunde,                                        
Chenault, Cissna, Coghill, Croft, Davies, Dyson, Halcro, Harris,                                    
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster,                                    
McGuire, Meyer, Mulder, Murkowski, Stevens, Williams, Wilson                                        
                                                                                                    
In Memoriam - John Richard "Dick" Hafer                                                             
By Representatives Rokeberg, Porter, Berkowitz, Bunde, Chenault,                                    
Cissna, Coghill, Croft, Davies, Dyson, Foster, Halcro, Harris, Hayes,                               
Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire,                                  
Meyer, Mulder, Murkowski, Stevens, Williams, Wilson                                                 
                                                                                                    
In Memoriam - Winifred E. Williams                                                                  
By Senator Taylor; Representatives Porter, Berkowitz, Bunde,                                        
Chenault, Cissna, Coghill, Croft, Davies, Dyson, Foster, Halcro,                                    
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Mulder, Murkowski, Stevens, Williams,                                    
Wilson                                                                                              

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In Memoriam - Opal J. Amundson                                                                      
By Senator Taylor; Representatives Porter, Berkowitz, Bunde,                                        
Chenault, Cissna, Coghill, Croft, Davies, Dyson, Foster, Halcro,                                    
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Mulder, Murkowski, Stevens, Williams,                                    
Wilson                                                                                              
                                                                                                    
In Memoriam - Darald Dewitt, Ka-Klaa                                                                
By Senator Taylor; Representatives Porter, Berkowitz, Bunde,                                        
Chenault, Cissna, Coghill, Croft, Davies, Dyson, Foster, Halcro,                                    
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski,                                        
Stevens, Williams, Wilson                                                                           
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Williams - from 2:30 p.m., plane time, January 19 to                                 
9:45 p.m., plane time, January 21, 2001                                                             
                                                                                                    
Representative Masek - from 5:00 p.m., plane time, January 19 to                                    
9:30 a.m., plane time, January 22, 2001                                                             
                                                                                                    
Representative Murkowski - from 7:15 a.m., plane time, January 20 to                                
9:35 p.m., plane time, January 21, 2001                                                             
                                                                                                    
Representative Mulder - from 7:15 a.m., plane time, January 20 to                                   
1:50 p.m., plane time, January 21, 2001                                                             
                                                                                                    
Representative Whitaker - from 1:35 p.m., plane time, February 1 to                                 
9:30 a.m., plane time, February 6, 2001                                                             
                                                                                                    
Representative Guess - from 5:00 p.m., plane time, February 22 to                                   
9:00 p.m., plane time, February 26, 2001                                                            
                                                                                                    
Representative Porter - from 1:35 p.m., plane time, January 25 to                                   
9:30 a.m., plane time, January 26, 2001 (amended from page 103)                                     

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Pursuant to AS 24.20.650, the Speaker appointed the following                                       
members to the Joint Armed Services Committee:                                                      
                                                                                                    
     Representative Mulder, Co-chair                                                                
     Representative Murkowski                                                                       
     Representative Harris                                                                          
     Representative James                                                                           
     Representative Joule                                                                           
                                                                                                    
The Chief Clerk will notify the Senate.                                                             
                                                                                                    
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 McGuire - from 7:00 a.m., plane time, January 20 to                                  
9:30 a.m., plane time, January 22, 2001.                                                            
                                                                                                    
                                                                                                    
                        SPECIAL ORDER OF BUSINESS                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
Special Order Citation, In Memoriam - Mark Keith Cameron, be                                        
approved.  There being no objection, the following citation was                                     
approved and sent to enrolling:                                                                     
                                                                                                    
                                                                                                    
In Memoriam - Mark Keith Cameron                                                                    
By Senator Leman; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster,                                    
Halcro, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott,                                     
Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan,                                          
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
Special Order Citation, Commemorating - Reconciliation Day, be                                      
approved.  There being no objection, the following citation was                                     
approved and sent to enrolling:                                                                     
                                                                                                    

2001-01-19                     House Journal                      Page 0134
Commemorating - Reconciliation Day                                                                  
By Representatives Joule, Porter, Berkowitz, Bunde, Chenault, Cissna,                               
Coghill, Crawford, Croft, Dyson, Fate, Halcro, Harris, Hayes, Hudson,                               
James, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                 
McGuire, Meyer, Mulder, Murkowski, Stevens, Whitaker, Williams,                                     
Wilson; Senator Olson                                                                               
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HCR 1                                                                                             
Representative Lancaster added his name as cosponsor to:                                            
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 1                                                              
     Relating to establishing a Task Force on a Statewide                                           
     Comprehensive Energy Plan.                                                                     
                                                                                                    
HJR 8                                                                                             
Representative Hayes added his name as cosponsor to:                                                
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 8                                                                   
     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.                                                             
                                                                                                    
HB 48                                                                                             
Representative Lancaster added his name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 48                                                                              
     "An Act eliminating a requirement that a social security number                                
     be provided by an applicant for a hunting or sport fishing license                             
     or tag; and providing for an effective date."                                                  
                                                                                                    
HB 56                                                                                             
Representative Mulder added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 56                                                                              
     "An Act relating to minimum wages."                                                            
                                                                                                    

2001-01-19                     House Journal                      Page 0135
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber                upon adj., 1/19                          
                                                                                                    
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., January 22, 2001.  There being no                                   
objection, the House adjourned at 10:27 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk