Legislature(2001 - 2002)
2001-04-03 House Journal
Full Journal pdf2001-04-03 House Journal Page 0819 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 3, 2001 Eighty-sixth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:15 a.m. Roll call showed 38 members present. 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 Ogan - from today to 9:30 p.m., plane time, April 8, 2001 Representative Masek - previously excused absence (page 801) extended to 9:30 p.m., plane time, April 3, 2001 The invocation was offered by Major Larry Fankhauser of The Salvation Army. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear God, we thank You for this day and the opportunities it presents. We realize that those gathered in this room have been given a great responsibility. We would pray for each representative a special blessing of Your insight and wisdom, and for Your strengthening to face the challenges that will come. Let us rest in the knowledge that the right decisions have been made, and we can go from this place thankful that because as a nation under God, Your leading has directed us. For Your faithfulness and loving care, we give thanks. Amen. The Pledge of Allegiance was led by Representative James. 2001-04-03 House Journal Page 0820 CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 85th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Green introduced Alectra Kelley, Guest Page, from Anchorage. Representative Kookesh introduced Mallory Kadake, Guest Page, from Kake. MESSAGES FROM THE SENATE SB 64 A message dated April 2, 2001, was read stating the Senate has concurred in the House amendment to CSSB 64(FIN), thus adopting: CS FOR SENATE BILL NO. 64(FIN) am H "An Act relating to the award of a high school diploma to certain World War II veterans." A message dated April 2, 2001, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 143 SENATE BILL NO. 143 by the Senate Resources Committee, entitled: "An Act authorizing the Department of Natural Resources to enter into agreements with a person or persons desiring to own an oil or natural gas pipeline proposed to be located on state land for the purposes of providing for payment of the reasonable costs incurred in preparing for activities before receipt of an application under the Alaska Right-of-Way Leasing Act and for activities 2001-04-03 House Journal Page 0821 relating to the processing of an application under that Act; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. SB 164 SENATE BILL NO. 164 by Senators Torgerson, Halford, Pearce, Leman, Donley, Kelly, Phillips, Taylor, Green, Wilken, Ward, Austerman, Cowdery, Therriault, Davis, Ellis, Elton, Hoffman, Lincoln, and Olson, entitled: "An Act prohibiting leases under the Right-of-Way Leasing Act on state land in or adjacent to the Beaufort Sea; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. COMMUNICATIONS A letter dated March 28, 2001, was received from Alvin A. Jaeger, Secretary of State of North Dakota, forwarding a resolution regarding rescinding all applications made by the Legislative Assembly to the Congress of the United States to call a convention pursuant to the terms of Article V of the United States Constitution for proposing amendments to that Constitution and urging the legislative bodies in other states to take similar action. REPORTS OF STANDING COMMITTEES HCR 13 The Resources Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 13 Relating to the nonresident fee differential for commercial fishing permits and licenses. The report was signed by Representative Scalzi, Co-chair, with the following individual recommendations: 2001-04-03 House Journal Page 0822 Do pass (7): Stevens, Chenault, Green, Kerttula, Kapsner, Fate, Scalzi The following fiscal note(s) apply: 1. Zero, House Resources Committee HCR 13 was referred to the Finance Committee. HB 3 The Judiciary Committee has considered: HOUSE BILL NO. 3 "An Act relating to deposits to the Alaska permanent fund from mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS 38.05.180(f) and (g), federal mineral revenue sharing payments received by the state from mineral leases, and bonuses received by the state from mineral leases, and limiting deposits from those sources to the 25 percent required under art. IX, sec. 15, Constitution of the State of Alaska; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): James, Rokeberg Do not pass (1): Coghill No recommendation (3): Berkowitz, Meyer, Kookesh The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue HB 3 was referred to the Finance Committee. HB 40 The Judiciary Committee has considered: 2001-04-03 House Journal Page 0823 HOUSE BILL NO. 40 "An Act providing for the revocation of driving privileges by a court for a driver convicted of a violation of traffic laws in connection with a fatal motor vehicle or commercial motor vehicle accident; amending Rules 43 and 43.1, Alaska Rules of Administration; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 40(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (4): Berkowitz, Meyer, Coghill, James The following fiscal note(s) apply to CSHB 40(JUD): 1. Fiscal, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Law HB 40 was referred to the Finance Committee. HB 132 The Judiciary Committee has considered: HOUSE BILL NO. 132 "An Act relating to the possession or distribution of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; providing for a review of alcohol server education courses by the Alcoholic Beverage Control Board every two years; and providing for an effective date." 2001-04-03 House Journal Page 0824 and recommends it be replaced with: CS FOR HOUSE BILL NO. 132(JUD) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Coghill, James, Kookesh, Rokeberg No recommendation (2): Berkowitz, Meyer The following fiscal note(s) apply to CSHB 132(JUD): 1. Zero, Dept. of Revenue 2. Indeterminate, Dept. of Law 3. Fiscal, Dept. of Corrections 4. Fiscal, Dept. of Administration 5. Zero, Alaska Court System HB 132 was referred to the Finance Committee. HB 162 The Finance Committee has considered: HOUSE BILL NO. 162 "An Act relating to absences from the state under the longevity bonus program." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (9): Whitaker, Harris, Croft, Davies, Lancaster, Moses, Foster, Mulder, Williams 2001-04-03 House Journal Page 0825 No recommendation (1): Bunde The following fiscal note(s) apply: 1. Fiscal, Dept. of Administration HB 162 was referred to the Rules Committee for placement on the calendar. SB 78 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 78(CRA) "An Act relating to municipal regulation of radio antennas." The report was signed by Representatives Meyer and Morgan, Co- chairs, with the following individual recommendations: Do pass (6): Scalzi, Murkowski, Guess, Kerttula, Meyer, Morgan No recommendation (1): Halcro The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development CSSB 78(CRA) was referred to the Rules Committee for placement on the calendar. SB 103 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 103(FIN) "An Act relating to election campaigns and legislative ethics." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (4): Wilson, Fate, James, Coghill 2001-04-03 House Journal Page 0826 Do not pass (2): Crawford, Hayes No recommendation (1): Stevens The following fiscal note(s) apply: 2. Fiscal, Dept. of Administration CSSB 103(FIN) was referred to the Judiciary Committee. SB 112 The Finance Committee has considered: CS FOR SENATE BILL NO. 112(FIN) "An Act placing certain employees of the Alaska Mental Health Trust Authority in the exempt service; establishing a minimum salary for the long term care ombudsman; and providing for an effective date." The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (7): Whitaker, Harris, Moses, Davies, Lancaster, Croft, Williams No recommendation (1): Bunde The following fiscal note(s) apply: 1. Zero, Dept. of Revenue CSSB 112(FIN) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 206 The House Special Committee on Fisheries has considered: 2001-04-03 House Journal Page 0827 HOUSE BILL NO. 206 "An Act relating to a vessel-based commercial fisheries limited entry system, to management of offshore fisheries, and to the definition of 'person' for purposes of the commercial fisheries entry program; and providing for an effective date." The report was signed by Representatives Wilson and Stevens, Co- chairs, with the following individual recommendations: Do pass (2): Scalzi, Wilson No recommendation (4): Dyson, Coghill, Kerttula, Stevens The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game HB 206 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 - Jolene Clark, Alaskan Special Olympian By Representative Scalzi Honoring - Shaunti Irene Johnson, Alaskan Special Olympian By Representative Scalzi Honoring - Ivan Meganack, Alaskan Special Olympian By Representative Scalzi Honoring - Chugiak High School Mustangs, Mock Trial Law Championships By Senator Phillips 2001-04-03 House Journal Page 0828 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 26 HOUSE JOINT RESOLUTION NO. 26 by Representatives Stevens and Dyson: Requesting the National Marine Fisheries Service to relocate the Alaska Fisheries Science Center Steller sea lion research team to Alaska. was read the first time and referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative James moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Chris Tarpey, Special Olympics Gold Medal Winner By Representatives Lancaster, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kerttula, Kohring, Kott, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Torgerson In Memoriam - Elizabeth McSparran Congdon By Representatives Dyson, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Leman 2001-04-03 House Journal Page 0829 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 Dyson - from 2:00 p.m., plane time, April 12 to 9:44 p.m., plane time, April 16, 2001 Representative Morgan - from 7:14 p.m., plane time, April 6 to 1:45 p.m., plane time, April 7, 2001 Representative Williams - from 2:25 p.m., plane time, April 6 to 9:44 p.m., plane time, April 8; and from 2:25 p.m., plane time, April 12 to 9:44 p.m., plane time, April 16, 2001 Representative Wilson - from 7:05 a.m., plane time, April 13 to 12:50 p.m., plane time, April 16; and from 8:00 a.m. to 10:00 a.m., April 30, 2001 * * * * * Representative Scalzi requested that the members stand for a moment of silence to honor the lives of Alaskan pioneer Joel Moss and the crew of the fishing vessel Arctic Rose. HCR 1 Reconsideration of the following was not taken up on this legislative day and will be available April 4, 2001, pursuant to Uniform Rule 30(d): CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(RLS) am Relating to establishing a Task Force on a Statewide Comprehensive Energy Plan. 2001-04-03 House Journal Page 0830 HCR 1 Representative Cissna added her name as cosponsor to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(RLS) am Relating to establishing a Task Force on a Statewide Comprehensive Energy Plan. HB 32 Representative Green added his name as cosponsor to: 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 118 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 118 "An Act relating to a mandatory exemption from municipal taxes on certain residences; and providing for an effective date." HB 214 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 214 "An Act relating to a civil action against a person under 21 years of age who enters premises where alcohol is sold or consumed." HB 225 Representative Hudson added his name as cosponsor to: HOUSE BILL NO. 225 "An Act relating to municipal taxation of alcoholic beverages and increasing the alcoholic beverage tax rates." 2001-04-03 House Journal Page 0831 HB 228 Representatives Hudson and Murkowski added their names as cosponsors to: HOUSE BILL NO. 228 "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 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." SB 78 Representative Kerttula added her name as cross sponsor to: CS FOR SENATE BILL NO. 78(CRA) "An Act relating to municipal regulation of radio antennas." SB 164 Representatives Croft and Whitaker added their names as cross sponsors to: SENATE BILL NO. 164 "An Act prohibiting leases under the Right-of-Way Leasing Act on state land in or adjacent to the Beaufort Sea; and providing for an effective date." ENROLLMENT HB 109 The following was engrossed and 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 2:05 p.m., April 2, 2001: 2001-04-03 House Journal Page 0832 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: State Affairs Committee 8:00 a.m. CONTINUED: upon adj., 4/3 Judiciary Committee CONTINUED: 11:00 a.m., 4/3 HB 4 OMNIBUS DRUNK DRIVING AMENDMENTS ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 4, 2001. There being no objection, the House adjourned at 10:57 a.m. Suzi Lowell Chief Clerk