Legislature(2001 - 2002)

2001-02-21 House Journal

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2001-02-21                     House Journal                      Page 0381
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday             February 21, 2001                            
                                                                                                    
                            Forty-fifth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:03 a.m.                                                                                
                                                                                                    
Roll call showed 34 members present.  Representative Joule had been                                 
previously excused from a call of the House today.  Representative                                  
Green had been previously excused from a call of the House until                                    
11:00 a.m. and his presence was noted later.  Representatives Hayes,                                
Kapsner, Mulder, and Rokeberg were absent and their presence was                                    
noted later.                                                                                        
                                                                                                    
The invocation was offered by the Chaplain Designee, Representative                                 
Coghill.  Representative Hudson moved and asked unanimous consent                                   
that the invocation be spread on the journal.  There being no objection,                            
it appears below:                                                                                   
                                                                                                    
    Let us pray,                                                                                    
                                                                                                    
    Father, when we come to this place and we address You, we                                       
    want to do it with gratitude. We are grateful people to serve                                   
    this country, to serve the people of Alaska, and to work                                        
    together.  It has been a pleasure learning how to deal with one                                 
    another, but Father, we do need Your help in learning how to                                    
    keep in mind that we work under Your authority.  So please,                                     
    as we go about our deliberations today, as we work in the                                       
    protocol, help us to remember our duty as individuals before                                    
    You and before the people we represent.  Help us with Your                                      
    wisdom; and now Father, we ask that You would guide us                                          
    throughout the rest of the session.  In Jesus' name we pray.                                    
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Masek.                                           

2001-02-21                     House Journal                      Page 0382
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 43rd and 44th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Environmental Conservation                                                                 
Division of Spill Prevention & Response                                                             
Storage Tank Assistance Fund                                                                        
Annual Report, Fiscal Year 2000                                                                     
January 30, 2001                                                                                    
(as required by AS 46.03.363)                                                                       
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HCR 1                                                                                             
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 1                                                               
    Relating to establishing a Task Force on a Statewide                                            
    Comprehensive Energy Plan.                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(CRA)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Morgan and Meyer, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Halcro, Scalzi, Guess, Morgan                                                         
                                                                                                    
No recommendation (1):  Meyer                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHCR 1(CRA):                                                 
                                                                                                    

2001-02-21                     House Journal                      Page 0383
1.  Zero, House Community & Regional Affairs Committee                                              
                                                                                                    
HCR 1 was referred to the Labor & Commerce Committee.                                               
                                                                                                    
**The presence of Representatives Kapsner and Hayes was noted.                                      
                                                                                                    
HB 72                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 72                                                                               
    "An Act relating to an assistant adjutant general for national                                  
    missile defense in the Department of Military and Veterans'                                     
    Affairs."                                                                                       
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Stevens, James, Fate, Hayes, Coghill                                          
                                                                                                    
No recommendation (1):  Crawford                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Military & Veterans' Affairs                                                   
                                                                                                    
HB 72 was referred to the Finance Committee.                                                        
                                                                                                    
**The presence of Representative Rokeberg was noted.                                                
                                                                                                    
HB 110                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 110                                                                              
    "An Act relating to driver's licenses and instructional permits; and                            
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 110(STA)                                                                  
    (same title)                                                                                    

2001-02-21                     House Journal                      Page 0384
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Stevens, Crawford, James, Fate, Coghill                                       
                                                                                                    
No recommendation (1):  Hayes                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 110(STA):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 110 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
SJR 12                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    SENATE JOINT RESOLUTION NO. 12(title am)                                                        
    Urging the United States Congress to amend the tax code to                                      
    eliminate the marriage penalty.                                                                 
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Wilson, Stevens, Crawford, James, Fate, Hayes, Coghill                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Senate State Affairs Committee                                                            
                                                                                                    
SJR 12(title am) was referred to the Rules Committee for placement                                  
on the calendar.                                                                                    
                                                                                                    
SB 52                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 52(FIN) am                                                               
    "An Act extending the termination date of the State Physical                                    
    Therapy and Occupational Therapy Board."                                                        
                                                                                                    

2001-02-21                     House Journal                      Page 0385
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Bunde, Whitaker, Croft, Davies, Lancaster, Hudson,                                    
Williams                                                                                            
                                                                                                    
No recommendation (1):  Mulder                                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, House Finance Committee/Dept. of Community &                                            
Economic Development                                                                                
                                                                                                    
CSSB 52(FIN) am was referred to the Rules Committee for placement                                   
on the calendar.                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
SJR 3                                                                                             
The House Special Committee on Military & Veterans' Affairs has                                     
considered:                                                                                         
                                                                                                    
    SENATE JOINT RESOLUTION NO. 3                                                                   
    Relating to the deployment of F-22 Raptor aircraft at Elmendorf                                 
    Air Force Base.                                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 3(MLV)                                                 
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Chenault, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Murkowski, Green, Hayes, Masek, Kott, Chenault                                        
                                                                                                    
The following fiscal note(s) apply to HCS SJR 3(MLV):                                               
                                                                                                    
1.  Zero, Senate State Affairs Committee                                                            
                                                                                                    

2001-02-21                     House Journal                      Page 0386
SJR 3 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Mayor Ed Zeine                                                                           
By Representative Harris; Senator Lincoln                                                           
                                                                                                    
In Memoriam - Nello Oscar Long                                                                      
By Representatives Hudson, Kerttula; Senator Elton                                                  
                                                                                                    
In Memoriam - Dean R. Dewey                                                                         
By Senator Leman                                                                                    
                                                                                                    
In Memoriam - Clarence Allen Lovejoy                                                                
By Senator Leman; Representatives Crawford, Berkowitz, Meyer,                                       
Green                                                                                               
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 122                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 122 by                                                        
Representative Green, entitled:                                                                     
                                                                                                    
    "An Act relating to electric and telephone cooperatives, including                              
    expansion activities and political activities of certain large electric                         
    and telephone cooperatives that are exempt from regulation; and                                 
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 135                                                                                            
HOUSE BILL NO. 135 by Representatives Guess and Meyer, entitled:                                    
                                                                                                    
                                                                                                    

2001-02-21                     House Journal                      Page 0387
    "An Act relating to municipal fees for certain police protection                                
    services."                                                                                      
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs Committee.                                                                                  
                                                                                                    
HB 136                                                                                            
HOUSE BILL NO. 136 by Representative Meyer, entitled:                                               
                                                                                                    
    "An Act relating to municipal regulation of smoking in certain                                  
    places."                                                                                        
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Health, Education & Social Services Committees.                                         
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 10                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 10                                                                              
    "An Act extending the termination date of the Board of Public                                   
    Accountancy."                                                                                   
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 7DP                                                         260                            
 FN1: ZERO(CED)                                                      261                            
 FIN RPT 9DP                                                         364                            
 FN2: (H.FIN/CED)                                                    364                            
                                                                                                    
Representative James moved and asked unanimous consent that SB 10                                   
be considered engrossed, advanced to third reading, and placed on                                   
final passage.  There being no objection, it was so ordered.                                        
                                                                                                    
SB 10 was read the third time.                                                                      
                                                                                                    

2001-02-21                     House Journal                      Page 0388
The question being:  "Shall SB 10 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SB 10                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson,                                  
James, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                 
McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg,                                         
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Green, Joule                                                                              
                                                                                                    
Absent:  Mulder, Ogan                                                                               
                                                                                                    
And so, SB 10 passed the House, was signed by the Speaker and Chief                                 
Clerk, and returned to the Senate.                                                                  
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 109                                                                                            
The following, which was advanced to third reading from the                                         
February 19, 2001, calendar (page 372), was read the third time:                                    
                                                                                                    
    HOUSE BILL NO. 109                                                                              
    "An Act relating to failure by an election official to execute the                              
    voter's certificate on an absentee ballot or by a person authorized                             
   by law to execute the voter's certificate on a questioned ballot."                              
                                                                                                    
**The presence of Representative Mulder was noted.                                                  
                                                                                                    
The question being:  "Shall HB 109 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 109                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    

2001-02-21                     House Journal                      Page 0389
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson,                                  
James, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                 
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter,                                     
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Green, Joule                                                                              
                                                                                                    
And so, HB 109 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:                             
                                                                                                    
In Memoriam - Sumner Stanley Woodman                                                                
By Representatives Scalzi, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green,                               
Halcro, Hayes, Hudson, James, Joule, Kapsner, Kott, Lancaster,                                      
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Stevens, Williams, Wilson                                                                           
                                                                                                    
                                                                                                    
In Memoriam - Diana M. Craig                                                                        
By Representatives Green, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Halcro,                              
Hayes, Hudson, James, Joule, Kapsner, Kott, Lancaster, McGuire,                                     
Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens,                                          
Williams, Wilson                                                                                    
                                                                                                    
The Speaker stated that the House would stand at ease until                                         
10:55 a.m.; and so, the House stood at ease at 10:25 a.m.                                           
                                                                                                    
                                                                                                    
                             AFTER AT EASE                                                       
                                                                                                    
The Speaker called the House back to order at 11:04 a.m.                                            
                                                                                                    

2001-02-21                     House Journal                      Page 0390
                       JOINT SESSION IN THE HOUSE                                                
                                                                                                    
In accordance with Uniform Rule 51, Speaker Porter turned the gavel                                 
over to President Halford who called the joint session to order at                                  
11:05 a.m.                                                                                          
                                                                                                    
The purpose of the joint session was to hear an address by the                                      
Honorable Frank Murkowski, U.S. Senator.                                                            
                                                                                                    
Senator Leman moved and asked unanimous consent that the roll call                                  
of the Senate be waived and all members be shown as present.  There                                 
being no objection, it was so ordered.                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call of the House be waived and all members be shown as present.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Murkowski introduced the Senator's staff, Donna                                      
Pagano Murray, David Garman, Gregg Renkes, Chuck Kleeschulte,                                       
Mark Reye, Brian Malnak, Kristin Freng, and her mother and the                                      
Senator's wife, Nancy Murkowski.                                                                    
                                                                                                    
President Halford appointed Representative Kohring and Senator                                      
Elton to escort the Senator to the joint session.                                                   
                                                                                                    
The Senate Sergeant-at-Arms announced the Senator's entrance into                                   
the House Chamber.                                                                                  
                                                                                                    
Senator Murkowski was escorted to the rostrum and welcomed by                                       
President Halford.                                                                                  
                                                                                                    
Senator Murkowski delivered his address and it is published in Senate                               
and House Joint Journal Supplement No. 4.                                                           
                                                                                                    
A question and answer period followed the conclusion of the Senator's                               
speech.                                                                                             
                                                                                                    
Senator Murkowski received a standing ovation and was escorted from                                 
the Chamber by Representative Kohring and Senator Elton.                                            
                                                                                                    

2001-02-21                     House Journal                      Page 0391
Senator Leman moved and asked unanimous consent that the joint                                      
session adjourn.  There being no objection, President Halford                                       
adjourned the joint session at 12:15 p.m.                                                           
                                                                                                    
The Speaker ordered the House at ease to allow members of the Senate                                
to leave the Chamber.                                                                               
                                                                                                    
                              IN THE HOUSE                                                       
                                                                                                    
The Speaker called the House back to order at 12:16 p.m.                                            
                                                                                                    
**The presence of Representative Green was noted.                                                   
                                                                                                    
                                                                                                    
                          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 Cissna - from 2:00 p.m., plane time, March 2 to                                      
11:51 a.m., plane time, March 6, 2001                                                               
                                                                                                    
Representative Dyson - from 7:04 p.m., plane time, March 1 to                                       
2:15 p.m., plane time, March 6, 2001                                                                
                                                                                                    
                                                                                                    
Representative Morgan - from 7:15 a.m., plane time, February 23 to                                  
9:34 p.m., plane time, February 25, 2001                                                            
                                                                                                    
Representative Ogan - from 7:00 p.m., plane time, March 15 to                                       
11:00 p.m., ferry time, March 19, 2001                                                              
                                                                                                    
                                                                                                    
Representative Rokeberg - from 7:00 a.m., plane time, March 2 to                                    
9:27 a.m., plane time, March 7, 2001                                                                
                                                                                                    
Representative Mulder - from 7:05 a.m., plane time, to 7:08 p.m.,                                   
plane time, February 26, 2001                                                                       
                                                                                                    

2001-02-21                     House Journal                      Page 0392
HB 24                                                                                             
Representative Halcro added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 24                                                                               
    "An Act relating to use of certain borough revenues for a tourism                               
    marketing campaign."                                                                            
                                                                                                    
HB 29                                                                                             
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 29                                                                               
    "An Act relating to babies who are safely surrendered by a parent                               
    shortly after birth."                                                                           
                                                                                                    
HB 101                                                                                            
Representative Rokeberg added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 101                                                                              
    "An Act relating to charter schools; and providing for an effective                             
    date."                                                                                          
                                                                                                    
HB 114                                                                                            
Representative Stevens added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 114                                                                              
    "An Act relating to abuse of inhalants."                                                        
                                                                                                    
SJR 12                                                                                            
Representatives Wilson, James, Stevens, and Fate added their names                                  
as cross sponsors to:                                                                               
                                                                                                    
    SENATE JOINT RESOLUTION NO. 12(title am)                                                        
    Urging the United States Congress to amend the tax code to                                      
    eliminate the marriage penalty.                                                                 
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 109                                                                                            
HB 109 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        

2001-02-21                     House Journal                      Page 0393
                               ENROLLMENT                                                        
                                                                                                    
HJR 6                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:20 p.m.,                                 
February 20, 2001:                                                                                  
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    6(RES) am S                                                                                     
    Relating to opposition to the inclusion of national forests in                                  
    Alaska within former President Clinton's Roadless Area                                          
    Conservation rule and supporting the overturning of this inclusion                              
    by litigation, by congressional action, or by action of President                               
    Bush.                                                                                           
                                                                                                    
HB 44                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:20 p.m.,                                 
February 20, 2001:                                                                                  
                                                                                                    
    CS FOR HOUSE BILL NO. 44(TRA)                                                                   
      "An Act designating the Joe Redington, Sr., Memorial Trail."                                 
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., February 23, 2001.  There being no                                  
objection, the House adjourned at 12:24 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk