Legislature(2001 - 2002)

2001-03-27 House Journal

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2001-03-27                     House Journal                      Page 0739
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                   Tuesday               March 27, 2001                             
                                                                                                    
                           Seventy-ninth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:15 a.m.                                                                                
                                                                                                    
                                                                                                    
Roll call showed 36 members present.  Representative Masek was                                      
excused from a call of the House today due to illness.  Representatives                             
Croft and Kott were absent and their presence was noted later.                                      
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Moses' previously excused absence (page 668) be                                      
extended until 9:25 p.m., plane time, today.  There being no objection,                             
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
The invocation was offered by Pastor Rod Whitehead of Restoration                                   
Grace Outreach Center.  Representative Davies moved and asked                                       
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it appears below:                                                               
                                                                                                    
    Father, as a fisherman, I thank You for the privilege of seeing                                 
    the beauty and vastness of this great state from Juneau to                                      
    Dutch Harbor - visiting many towns and villages along the                                       
    way with a people unique and sometimes even peculiar to my                                      
    own understanding.  Father, it is very difficult to govern a                                    
    state as vast as ours with issues that are unique in every                                      
    location.  This is a difficult task set before our legislators.  It                             
    is clear that they have not taken on this task for love of                                      
    money, but for the love of Your people and their state.                                         
                                                                                                    
    Your word says:  "How good and pleasant it is when brothers                                     
    live together in unity … for there the Lord bestows his                                         

2001-03-27                     House Journal                      Page 0740
    blessing."  Your word also says:  "Let each of you not only                                     
    look out for his own interests, but also for the interests of                                   
    others."                                                                                        
                                                                                                    
    Father, each of these leaders represents a different location of                                
    our state.  Please bring them together in unity.  Fill them with                                
    compassion about the needs of one another.  Pour out Your                                       
    blessing on these servants as they work together for the                                        
    common good of our state.  We ask You to bless each of the                                      
    cities, towns, and villages represented here with Your                                          
    presence.  We would ask that You continue to help our state                                     
    prosper in every way.  Father, again I ask You to bless these                                   
    leaders of our state, their staff, and households.  May their                                   
    time of serving be rich.  In Jesus' precious name I pray.                                       
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Lancaster.                                       
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 78th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HCR 7                                                                                             
A message dated March 26, 2001, was read stating the Senate has                                     
passed CSHCR 7(HES) am with an amendment (Senate journal,                                           
page 790) and so, the following is transmitted for consideration:                                   
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES)                                                   
    am S                                                                                            
    Relating to proclaiming April 2001 as Sexual Assault Awareness                                  
    Month.                                                                                          
                                                                                                    
CSHCR 7(HES) am is under Unfinished Business.                                                       
                                                                                                    

2001-03-27                     House Journal                      Page 0741
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Department of Revenue                                                                               
The Alaska Mental Health Trust Authority                                                            
Building Partnerships for Change                                                                    
Annual Report 2000                                                                                  
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 194                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE BILL NO. 194                                                                              
    "An Act relating to fees for commercial fishing licenses and                                    
    permits; and providing for an effective date."                                                  
                                                                                                    
The report was signed by Representatives Wilson and Stevens, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Dyson, Coghill, Scalzi, Kerttula, Wilson, Stevens                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    
HB 194 was referred to the Resources Committee.                                                     
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Alaska Psychiatric Institute                                                             
By Representative Cissna                                                                            
                                                                                                    
Honoring - The Servicemen and Servicewomen Participating in                                         
Northern Edge 2001                                                                                  
By Representative Coghill                                                                           

2001-03-27                     House Journal                      Page 0742
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 217                                                                                            
HOUSE BILL NO. 217 by Representative Kohring, entitled:                                             
                                                                                                    
    "An Act relating to municipal property assessment and taxation;                                 
    and providing for an effective date."                                                           
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Judiciary Committees.                                                                   
                                                                                                    
HB 218                                                                                            
HOUSE BILL NO. 218 by Representatives Coghill, James, and                                           
Morgan, entitled:                                                                                   
                                                                                                    
    "An Act relating to funding for school districts operating                                      
    secondary school boarding programs; and providing for an                                        
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
**The presence of Representatives Kott and Croft was noted.                                         
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 61                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 61                                                                               
    "An Act authorizing the commissioner of fish and game to award                                  
    grants for habitat restoration or enhancement projects; and                                     
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    

2001-03-27                     House Journal                      Page 0743
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT 6DP 1NR                                                     261                            
 FN1: ZERO(DFG)                                                      261                            
 RES RPT 6DP 1NR                                                     312                            
 FN1: ZERO(DFG)                                                      313                            
 FIN RPT 10DP                                                        459                            
 FN1: ZERO(DFG)                                                      459                            
                                                                                                    
Representative James moved and asked unanimous consent that HB 61                                   
be considered engrossed, advanced to third reading, and placed on                                   
final passage.  There being no objection, it was so ordered.                                        
                                                                                                    
HB 61 was read the third time.                                                                      
                                                                                                    
Representative Mulder moved and asked unanimous consent that he be                                  
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Mulder was required to vote.                                          
                                                                                                    
The question being:  "Shall HB 61 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HB 61                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                         
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Excused:  Masek, Moses                                                                              
                                                                                                    
And so, HB 61 passed the House.                                                                     
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    

2001-03-27                     House Journal                      Page 0744
HB 61 was referred to the Chief Clerk for engrossment.                                              
                                                                                                    
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SJR 10                                                                                            
Representative Kott moved and asked unanimous consent that the                                      
following be returned to the Rules Committee:                                                       
                                                                                                    
    SENATE JOINT RESOLUTION NO. 10                                                                  
    Urging the United States Congress to fully fund the operational                                 
    readiness and recapitalization requirements of the United States                                
    Coast Guard.                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
                         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 - Walter J. Coty                                                                        
By Representatives Coghill, Porter, Berkowitz, Bunde, Chenault,                                     
Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Halcro, Harris,                               
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster,                                    
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
                                                                                                    
In Memoriam - Paul E. Drake                                                                         
By Representatives Coghill, Porter, Berkowitz, Bunde, Chenault,                                     
Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Halcro, Harris,                               
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster,                                    
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
                                                                                                    

2001-03-27                     House Journal                      Page 0745
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HCR 7                                                                                             
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 740) on the following at this                               
time:                                                                                               
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES)                                                   
    am                                                                                              
    Relating to proclaiming April 2001 as Sexual Assault Awareness                                  
    Month.                                                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES)                                                   
    am S                                                                                            
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHCR 7(HES) am, thus adopting CSHCR 7(HES)                                            
am S, and recommended that the members vote yes.                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHCR 7(HES) am?"  The roll was taken with the                                         
following result:                                                                                   
                                                                                                    
CSHCR 7(HES) am S                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  30   NAYS:  8   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green,                                
Guess, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott,                                         
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                         
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Joule, Kapsner, Kerttula,                                
Kookesh                                                                                             
                                                                                                    
Excused:  Masek, Moses                                                                              
                                                                                                    

2001-03-27                     House Journal                      Page 0746
Davies changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
CSHCR 7(HES) am S.                                                                                  
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
CSHCR 7(HES) am S was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                          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 Halcro - from 7:00 p.m., plane time, April 6 to                                      
9:32 a.m., plane time, April 9; and from 7:00 p.m., plane time,                                     
April 12 to 9:32 a.m., plane time, April 17, 2001                                                   
                                                                                                    
Representative Harris - from 1:00 p.m., plane time, March 29 to                                     
9:30 a.m., plane time, April 2, 2001                                                                
                                                                                                    
Representative McGuire - from 7:15 a.m., plane time, March 31 to                                    
9:27 a.m., plane time, April 2, 2001                                                                
                                                                                                    
Representative Ogan - from 7:15 p.m., plane time, April 12 to                                       
9:30 p.m., plane time, April 16, 2001                                                               
                                                                                                    
HB 216                                                                                            
The Speaker waived the House Special Committee on Fisheries                                         
referral for the following at the request of Representative Stevens, Co-                            
chair:                                                                                              
                                                                                                    
    HOUSE BILL NO. 216                                                                              
    "An Act relating to the emergency order authority of the                                        
    commissioner of fish and game and to meetings of the Board of                                   
    Fisheries."                                                                                     
                                                                                                    
HB 216 was removed from the House Special Committee on Fisheries                                    
and referred to the Resources Committee.                                                            

2001-03-27                     House Journal                      Page 0747
HB 32                                                                                             
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Williams, Co-chair:                                                
                                                                                                    
    HOUSE BILL NO. 32                                                                               
    "An Act relating to the forfeiture of property used to possess or                               
    distribute child pornography, to commit indecent viewing or                                     
    photography, to commit a sex offense, or to solicit the commission                              
    of, attempt to commit, or conspire to commit possession or                                      
    distribution of child pornography, indecent viewing or                                          
    photography, or a sexual offense."                                                              
                                                                                                    
HB 32 was removed from the Finance Committee and referred to the                                    
Rules Committee for placement on the calendar.                                                      
                                                                                                    
HB 101                                                                                            
Representative Green added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 101                                                                              
    "An Act relating to charter schools; and providing for an effective                             
    date."                                                                                          
                                                                                                    
HB 181                                                                                            
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 181                                                                              
    "An Act relating to the obligations of spouses, to insurance                                    
    policies of spouses, to the nonprobate transfer of property on death                            
    to a community property trust, to the division of the community                                 
    property of spouses at death, and to the Alaska Community                                       
    Property Act; and providing for an effective date."                                             
                                                                                                    
                                                                                                    
HB 194                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 194                                                                              
    "An Act relating to fees for commercial fishing licenses and                                    
    permits; and providing for an effective date."                                                  
                                                                                                    

2001-03-27                     House Journal                      Page 0748
SJR 10                                                                                            
Representatives Green, Halcro, Davies, and McGuire added their                                      
names as cross sponsors to:                                                                         
                                                                                                    
    SENATE JOINT RESOLUTION NO. 10                                                                  
    Urging the United States Congress to fully fund the operational                                 
    readiness and recapitalization requirements of the United States                                
    Coast Guard.                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 61                                                                                             
HB 61 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HJR 10                                                                                            
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 2:36 p.m.,                                 
March 26, 2001:                                                                                     
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 10(FSH)                                                       
    Relating to the management of the Bering Sea/Aleutian Islands                                   
    and Gulf of Alaska groundfish fisheries and the protection and                                  
    restoration of the Steller sea lion.                                                            
                                                                                                    
                             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., March 28, 2001.  There being no                                     
objection, the House adjourned at 11:22 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk