Legislature(2001 - 2002)

2001-04-03 House Journal

Full Journal pdf

2001-04-03                     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