Legislature(2001 - 2002)
2001-04-02 House Journal
Full Journal pdf2001-04-02 House Journal Page 0801 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 2, 2001 Eighty-fifth Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:06 a.m. Roll call showed 33 members present. Representative Kohring had been previously excused from a call of the House today. Representative Hudson was excused from a call of the House today due to illness. Representatives Guess and Mulder were absent and their presence was noted later. Representative James moved and asked unanimous consent that Representatives Cissna and Ogan be excused from a call of the House today; and that Representative Masek be excused from a call of the House from today until 9:30 a.m., plane time, April 3, 2001. There being no objection, it was so ordered. The invocation was offered by Major Larry Fankhauser of The Salvation Army. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Lord, for this new day and new week we give You thanks. For the opportunity to be of service to this state in a nation established by our forefathers as one nation under God, we thank You. We pray this day for each representative gathered here and for those they represent. We seek that You would be in our minds and in our understanding, in our eyes and in our looking, in our mouths and in our speaking, in our hearts and in our thinking. Grant it, Lord, this day we pray, Amen. 2001-04-02 House Journal Page 0802 The Pledge of Allegiance was led by Representative Kott. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 82nd, 83rd, and 84th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 29, 2001, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The following appointment was referred to the Finance Committee: Alaska Mental Health Trust Authority Board of Trustees Mr. John Pugh of Juneau Appointed: 03/03/1995 Reappointed: 05/15/1996 Reappointed: 03/27/2001 Term Expires: 03/01/2006 The following appointment was referred to the Judiciary Committee: Alaska Judicial Council Ms. Eleanor Andrews of Anchorage Appointed: 11/15/2000 Reappointed: 03/28/2001 Term Expires: 03/01/2007 The following appointments were referred to the Labor & Commerce Committee: Alcoholic Beverage Control Board Duane S. Udland of Anchorage Appointed: 03/27/2001 Term Expires: 03/01/2004 2001-04-02 House Journal Page 0803 Board of Dental Examiners Ms. Rena L. Anderson of Anchorage Appointed: 09/12/2000 Reappointed: 03/27/2001 Term Expires: 03/01/2005 Dr. James Blasingame of Anchorage Appointed: 04/03/1998 Reappointed: 03/27/2001 Term Expires: 03/01/2005 Dr. Patricia Bergdahl of Fairbanks Appointed: 03/27/2001 Term Expires: 03/01/2003 State Medical Board Ms. Sheila Means of Juneau Appointed: 06/02/1998 Reappointed: 03/27/2001 Term Expires: 03/01/2005 Dr. David Head of Nome Appointed: 03/27/2001 Term Expires: 03/01/2004 Board of Certified Direct-Entry Midwives Ms. Sharon Evans of Chugiak Appointed: 03/27/2001 Term Expires: 03/01/2004 Board of Nursing Ms. Mary S. (Sue) Nikodym of Wrangell Appointed: 03/27/2001 Term Expires: 03/01/2004 Occupational Safety and Health Review Board Representative Cliff Davidson of Kodiak Appointed: 06/05/2000 Reappointed: 03/27/2001 Term Expires: 03/01/2005 The following appointment was referred to the State Affairs Committee: State Commission for Human Rights Ms. Martha Gore of Anchorage Appointed: 05/15/1996 Reappointed: 03/27/2001 Term Expires: 03/01/2006 2001-04-02 House Journal Page 0804 The following appointment was referred to the House Special Committee on Education and the Health, Education & Social Services Committee: Professional Teaching Practices Commission Ms. Cynthia Curran of Juneau Appointed: 03/27/2001 Term Expires: 03/01/2003 The following appointments were referred to the House Special Committee on Fisheries and the Resources Committee: Board of Fisheries Russell Nelson of Dillingham Appointed: 03/21/1998 Reappointed: 03/30/01 Term Expires: 06/30/2004 Dr. John White of Bethel Appointed: 02/09/1995 Reappointed: 03/21/1998 Reappointed: 03/30/2001 Term Expires: 06/30/2004 Resumes for the appointments are on file in the Chief Clerk's office. **The presence of Representative Mulder was noted. MESSAGES FROM THE SENATE HB 24 A message dated March 30, 2001, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 24(EDT) "An Act relating to use of borough revenues from a sales tax levied upon room rentals for a tourism marketing campaign." with an amendment (Senate journal, page 882) and so the following is transmitted for consideration: CS FOR HOUSE BILL NO. 24(EDT)(efd add S) "An Act relating to use of borough revenues from a sales tax levied upon room rentals for a tourism marketing campaign; and providing for an effective date." 2001-04-02 House Journal Page 0805 CSHB 24(EDT) is under Unfinished Business. A message dated March 30, 2001, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 82 CS FOR SENATE BILL NO. 82(STA) by the Senate State Affairs Committee, entitled: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." was read the first time and referred to the Judiciary Committee. COMMUNICATIONS A memorandum dated March 30, 2001, was received from Tamara Brandt Cook, Director, Legal Services, regarding a letter and petition to the Alaska State Legislature from Mr. Stuart Thompson alleging violations of the Constitution of the State of Alaska. The memo, letter, and petition are on file in the Chief Clerk's office. A letter dated March 26, 2001, was received from Alvin A. Jaeger, Secretary of State of North Dakota, forwarding a resolution regarding making application to Congress to submit to the states an amendment to the Constitution of the United States to prohibit the United States Supreme Court and any federal court from ordering a state or political subdivision to levy or increase taxes. The following audit reports were received: Division of Legislative Audit Legislative Budget & Audit Committee www.legis.state.ak.us/legaud/web/default.htm (as required by AS 24.20.311) 2001-04-02 House Journal Page 0806 Alaska Commission on Postsecondary Education and University of Alaska Selected Financial Information Related to the Washington, Wyoming, Alaska, Montana, and Idaho Regional Medical Education Program January 26, 2001 Dept. of Community & Economic Development Grants to Deltana Community Corporation December 21, 2000 Dept. of Public Safety Council on Domestic Violence & Sexual Assault Batterer Intervention Programs February 9, 2001 REPORTS OF STANDING COMMITTEES HJR 20 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 20 Opposing Arctic marine shipment of nuclear waste between Russia and Japan. The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (6): Chenault, Fate, Kapsner, Kerttula, Masek, Scalzi The following fiscal note(s) apply: 1. Zero, House Resources Committee HJR 20 was referred to the Rules Committee for placement on the calendar. 2001-04-02 House Journal Page 0807 HB 154 The Resources Committee has considered: HOUSE BILL NO. 154 "An Act relating to security for the payment of fishery business taxes and to payment of estimated fisheries resource landing taxes and penalties." and recommends it be replaced with: CS FOR HOUSE BILL NO. 154(FSH) "An Act relating to security for the payment of fishery business taxes and to payment of the fisheries resource landing tax." The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (4): Kerttula, Chenault, Fate, Scalzi No recommendation (2): Kapsner, Masek The following fiscal note(s) apply to CSHB 154(FSH): 1. Zero, Dept. of Revenue HB 154 was referred to the Finance Committee. HB 177 The Judiciary Committee has considered: HOUSE BILL NO. 177 "An Act placing certain special interest organizations within the definition of 'group' for purposes of Alaska's campaign finance statutes; providing a contingent amendment to take effect in case subjecting these organizations to all of the statutory requirements pertaining to groups is held by a court to be unconstitutional; requiring certain organizations to disclose contributions made to them and expenditures made by them; requiring disclosure of the true source of campaign contributions; and providing for an effective date." 2001-04-02 House Journal Page 0808 and recommends it be replaced with: CS FOR HOUSE BILL NO. 177(STA) "An Act placing certain special interest organizations within the definition of 'group' for purposes of Alaska's campaign finance statutes; and requiring disclosure of the true source of campaign contributions." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Coghill, James, Meyer, Rokeberg Amend (1): Berkowitz The following fiscal note(s) apply to CSHB 177(STA): 1. Fiscal, Dept. of Administration HB 177 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Chris Tarpey, Special Olympics Gold Medal Winner By Representative Lancaster; Senator Torgerson In Memoriam - Elizabeth McSparran Congdon By Representative Dyson; Senator Leman INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 13 HOUSE CONCURRENT RESOLUTION NO. 13 by the House Resources Committee: 2001-04-02 House Journal Page 0809 Relating to the nonresident fee differential for commercial fishing permits and licenses. was read the first time and referred to the Resources and Finance Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 226 HOUSE BILL NO. 226 by Representative Harris, entitled: "An Act relating to the employment of persons 14 years of age or older and under 19 years of age on licensed premises, including hotels, restaurants, or eating places; and relating to hours of work of minors under 16 years of age." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 227 HOUSE BILL NO. 227 by Representative Harris, entitled: "An Act instructing the State Board of Registration for Architects, Engineers, and Land Surveyors to adopt minimum technical standards relating to the practice of surveying." was read the first time and referred to the Labor & Commerce Committee. HB 228 HOUSE BILL NO. 228 by Representatives Harris, Meyer, Hayes, and Whitaker, entitled: "An Act relating to the offense of selling or giving tobacco to a minor, to the accounting of fees from business license endorsements for tobacco products, to the disclosure of certain confidential cigarette and tobacco product information, to notification regarding a cigarette manufacturer's noncompliance 2001-04-02 House Journal Page 0810 with the tobacco product Master Settlement Agreement, to business license endorsements for sale of tobacco products, to citations and penalties for illegal sales of tobacco products; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. HB 229 HOUSE BILL NO. 229 by Representative Stevens, entitled: "An Act imposing a tax on employment; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HCR 1 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 1 Relating to establishing a Task Force on a Statewide Comprehensive Energy Plan. with the: Journal Page CRA RPT CS(CRA) 4DP 1NR 382 FN1: ZERO(H.CRA) 382 L&C RPT CS(L&C) 4DP 2NR 493 FN1: ZERO(H.CRA) 494 RLS RPT CS(RLS) 2DP 4NR 783 FN1: ZERO(H.CRA) 783 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 2001-04-02 House Journal Page 0811 CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kott: Page 1, lines 10 and 12: Delete "tribal governments" Insert "local tribal entities" Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHCR 1(RLS) Second Reading Amendment No. 1 YEAS: 17 NAYS: 17 EXCUSED: 5 ABSENT: 1 Yeas: Bunde, Chenault, Coghill, Dyson, Foster, Green, Harris, James, Kott, Lancaster, Meyer, Mulder, Porter, Rokeberg, Scalzi, Stevens, Wilson Nays: Berkowitz, Crawford, Croft, Davies, Fate, Halcro, Hayes, Joule, Kapsner, Kerttula, Kookesh, McGuire, Morgan, Moses, Murkowski, Whitaker, Williams Excused: Cissna, Hudson, Kohring, Masek, Ogan Absent: Guess And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Davies: 2001-04-02 House Journal Page 0812 Page 2, line 15: Delete "Anchorage" Insert "Alaska" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. **The presence of Representative Guess was noted. The question being: "Shall CSHCR 1(RLS) am pass the House?" The roll was taken with the following result: CSHCR 1(RLS) am Second Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kerttula, Kookesh, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Coghill, Kott Excused: Cissna, Hudson, Kohring, Masek, Ogan And so, CSHCR 1(RLS) am passed the House. Representative Kott gave notice of reconsideration of his vote on CSHCR 1(RLS) am. 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: 2001-04-02 House Journal Page 0813 Honoring - Mount Edgecumbe Braves Basketball Team By Representatives Joule, Wilson, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Hudson, Kapsner, Kerttula, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Whitaker, Williams Honoring - Cordova Judo Team Representatives Harris, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Hudson, Joule, Kapsner, Kerttula, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senator Lincoln Honoring - Morris Thompson, Alaska Business Hall of Fame By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Hudson, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, Meyer, Morgan, Moses, Mulder, Murkowski, Rokeberg, Stevens, Whitaker, Williams, Wilson In Memoriam - George Robert "Bob" Andersen Jr. By Representatives Harris, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Hudson, Joule, Kapsner, Kerttula, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Lincoln CONCUR IN SENATE AMENDMENTS HB 24 Representative James moved and asked unanimous consent that the House consider the Senate message (page 804) on the following at this time: CS FOR HOUSE BILL NO. 24(EDT) "An Act relating to use of borough revenues from a sales tax levied upon room rentals for a tourism marketing campaign." and 2001-04-02 House Journal Page 0814 CS FOR HOUSE BILL NO. 24(EDT)(efd add S) "An Act relating to use of borough revenues from a sales tax levied upon room rentals for a tourism marketing campaign; and providing for an effective date." There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 24(EDT), thus adopting CSHB 24(EDT)(efd add S), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 24(EDT)?" The roll was taken with the following result: CSHB 24(EDT)(efd add S) Concur YEAS: 35 NAYS: 0 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Cissna, Hudson, Kohring, Masek, Ogan And so, the House concurred in the Senate amendment, thus adopting CSHB 24(EDT)(efd add S). 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. The Chief Clerk was instructed to so notify the Senate. CSHB 24(EDT)(efd add S) was referred to the Chief Clerk for enrollment. 2001-04-02 House Journal Page 0815 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 Kerttula - from 11:00 a.m. to 1:00 p.m., April 4, 2001 Representative Moses - from 7:15 a.m., plane time, April 12 to 9:30 p.m., plane time, April 16, 2001 HCR 1 Representatives Davies and Hayes added their names as cosponsors to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(RLS) am Relating to establishing a Task Force on a Statewide Comprehensive Energy Plan. HJR 20 Representative Croft added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 20 Opposing Arctic marine shipment of nuclear waste between Russia and Japan. HB 101 Representatives Harris, Whitaker, and McGuire added their names as cosponsors to: HOUSE BILL NO. 101 "An Act relating to charter schools; and providing for an effective date." HB 172 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 172 "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." 2001-04-02 House Journal Page 0816 SB 6 Representative Murkowski added her name as cross sponsor to: CS FOR SENATE BILL NO. 6(FIN) "An Act relating to required notice of eviction to mobile home park dwellers and tenants before redevelopment of the park." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Legislative Budget & Audit Committee 12:00 p.m., 4/2 meeting RESCHEDULED TO: 12:00 p.m., 4/3 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 3, 2001. There being no objection, the House adjourned at 11:40 a.m. Suzi Lowell Chief Clerk