Legislature(2001 - 2002)
2001-04-06 House Journal
Full Journal pdf2001-04-06 House Journal Page 0873 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 6, 2001 Eighty-ninth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:09 a.m. Roll call showed 30 members present. Representatives Berkowitz, Green, Harris, Kapsner, and Ogan had been previously excused from a call of the House today. Representatives Croft, Davies, Guess, and Kerttula were absent and their presence was noted later. Representative Masek was absent. The invocation was offered by the Chaplain Nancy Campbell, Prayer Minister. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "A wise man will hear and increase learning, and a man of understanding will attain wise counsel." Proverbs 1:5 "Happy is the man who finds wisdom, and the man who gains understanding; for her proceeds are better than the profits of silver, and her gain than fine gold. She is more precious than rubies, and all the things you may desire cannot compare with her … The Lord by wisdom founded the earth; by understanding He established the heavens; by His knowledge the depths were broken up, and clouds drop down the dew." Proverbs 3:13-15, 19, 20 "I, wisdom, dwell with prudence, and find out knowledge and discretion. The fear of the Lord is to hate evil, pride and 2001-04-06 House Journal Page 0874 arrogance and the evil way, and the perverse mouth I hate. Counsel is mine, and sound wisdom; I am understanding, I have strength. By me kings reign, and rulers decree justice. By me princes rule, and nobles, all the judges of the earth." Proverbs 8:12-16 Dear Lord, Your word says that if we desire wisdom to ask of You and You will grant it. So, I ask for this House of Representatives this day that You will give them wisdom and sound counsel. And I pray that You will strengthen them, and if they are weary that You will refresh them. Father in heaven, impart to them understanding and clarity of mind as they face the issues brought before them. And I thank You for each one of them and their willingness to serve our state. In Jesus' name. Amen. The Pledge of Allegiance was led by Representative Stevens. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 88th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Crawford introduced Ken Burleson, Guest Page, from Anchorage. Representative Murkowski introduced her sons Nic and Matt Martell, Guest Pages. MESSAGES FROM THE SENATE A message dated April 5, 2001, was read stating the Senate has passed the following and they are transmitted for consideration: 2001-04-06 House Journal Page 0875 FIRST READING AND REFERENCE OF SENATE BILLS SB 37 CS FOR SENATE BILL NO. 37(FIN) by the Senate Finance Committee, entitled: "An Act relating to collective negotiation by competing physicians with health benefit plans, to health benefit plan contracts, to the application of antitrust laws to agreements involving providers and groups of providers affected by collective negotiations, and to the effect of the collective negotiation provisions on health care providers." was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. SB 60 CS FOR SENATE BILL NO. 60(JUD) am by the Senate Judiciary Committee, entitled: "An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of certain real property located within the vicinity of an agricultural facility or an agricultural operation." was read the first time and referred to the Resources Committee. SB 88 SENATE BILL NO. 88 by Senators Phillips and Donley, entitled: "An Act relating to metropolitan planning organizations and to establishment of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date." was read the first time and referred to the Transportation and Community & Regional Affairs Committees. 2001-04-06 House Journal Page 0876 COMMUNICATIONS The following was received: Office of the Governor Alaska State Commission for Human Rights 2000 Annual Report (as required by AS 18.80.150) REPORTS OF STANDING COMMITTEES HCR 8 The Resources Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 8 Expressing the legislature's opposition to the proposed "northern" or "over-the-top" route for a natural gas pipeline to transport North Slope natural gas reserves to the domestic North American market, and expressing the legislature's support of commercialization of North Slope natural gas for the maximum benefit of the people of the state. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 8(RES) (same title) The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (6): Stevens, Kerttula, McGuire, Fate, Masek, Scalzi No recommendation (1): Chenault The following fiscal note(s) apply to CSHCR 8(RES): 1. Zero, House Special Committee on Oil & Gas HCR 8 was referred to the Rules Committee for placement on the calendar. 2001-04-06 House Journal Page 0877 HB 82 The Judiciary Committee has considered: HOUSE BILL NO. 82 "An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of real property located within one mile of an agricultural facility or an agricultural operation." and recommends it be replaced with: CS FOR HOUSE BILL NO. 82(JUD) "An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of certain real property located within the vicinity of an agricultural facility or an agricultural operation." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Kookesh, Coghill, Meyer, James, Rokeberg The following fiscal note(s) apply to CSHB 82(JUD): 1. Zero, Dept. of Natural Resources 2. Zero, Dept. of Natural Resources HB 82 was referred to the Resources Committee. HB 111 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 111 "An Act relating to civil liability for injuries or death resulting from livestock activities." and recommends it be replaced with: 2001-04-06 House Journal Page 0878 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 111(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Meyer, Coghill, James, Kookesh, Rokeberg The following fiscal note(s) apply to CSSSHB 111(JUD): 1. Zero, House Judiciary Committee/All Depts. 2. Zero, House Judiciary Committee/Alaska Court System SSHB 111 was referred to the Rules Committee for placement on the calendar. HB 167 The State Affairs Committee has considered: HOUSE BILL NO. 167 "An Act relating to license plates for Alaska National Guard personnel and for antique motor vehicles; relating to gold rush license plates; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 167(STA) "An Act relating to license plates for Alaska National Guard personnel and for antique motor vehicles; and providing for an effective date." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (7): Wilson, Stevens, Crawford, James, Fate, Hayes, Coghill The following fiscal note(s) apply to CSHB 167(STA): 1. Zero, House State Affairs Committee 2001-04-06 House Journal Page 0879 HB 167 was referred to the Finance Committee. HB 172 The Finance Committee has considered: HOUSE BILL NO. 172 "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." and recommends it be replaced with: CS FOR HOUSE BILL NO. 172(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (10): Bunde, Whitaker, Harris, Croft, Davies, Moses, Lancaster, Foster, Mulder, Williams The following fiscal note(s) apply to CSHB 172(FIN): 2. Fiscal, Dept. of Corrections 4. Fiscal, Alaska Court System 5. Fiscal, Dept. of Health & Social Services 7. Fiscal, House Finance Committee/Dept. of Administration 8. Fiscal, House Finance Committee/Dept. of Law HB 172 is on today's calendar. HB 193 The Judiciary Committee has considered: HOUSE BILL NO. 193 "An Act relating to the primary election; and providing for an effective date." and recommends it be replaced with: 2001-04-06 House Journal Page 0880 CS FOR HOUSE BILL NO. 193(JUD) "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): James, Meyer, Rokeberg Do not pass (1): Kookesh Amend (1): Coghill The following fiscal note(s) apply to CSHB 193(JUD): 1. Fiscal, Office of the Governor HB 193 was referred to the Finance Committee. HB 219 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 219 "An Act relating to mental health treatment facilities; repealing the termination date of the mental health treatment assistance program; and providing for an effective date." The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (6): Kohring, Coghill, Wilson, Cissna, Joule, Stevens No recommendation (1): Dyson The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services HB 219 was referred to the Finance Committee. 2001-04-06 House Journal Page 0881 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dan Shanders By Representative Green Honoring - Mary Ellen Murphy By Representative Green Honoring - Charlton Heston, President of the National Rifle Association By Senator Donley Honoring - University of Alaska Fairbanks Rifle Team By Senator Wilken Honoring - Melissa Mulloy By Senator Wilken INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 233 HOUSE BILL NO. 233 by Representatives Scalzi and Hudson, entitled: "An Act relating to the levying and collecting of sales and use tax; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 234 HOUSE BILL NO. 234 by the House Finance Committee, entitled: 2001-04-06 House Journal Page 0882 "An Act relating to the financing of construction and renovation of certain public facilities; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 235 HOUSE BILL NO. 235 by the House Judiciary Committee, entitled: "An Act relating to the handling of and interest on contract controversies involving the Department of Transportation and Public Facilities or state agencies to whom the Department of Transportation and Public Facilities delegates the responsibility for handling the controversies." was read the first time and referred to the Transportation and Finance Committees. HB 236 HOUSE BILL NO. 236 by the House Finance Committee, entitled: "An Act relating to the contracting and financing authority of the Alaska Industrial Development and Export Authority; authorizing the authority to issue bonds in a principal amount not to exceed $76,000,000 to finance the acquisition, design, construction, inventory, and operation of natural gas, propane air, or manufactured gas public utility facilities; and providing for an effective date." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 32 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: 2001-04-06 House Journal Page 0883 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 172 The following was read the second time: HOUSE BILL NO. 172 "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." with the: Journal Page JUD RPT CS(JUD) 6DP 726 FN1: (ADM), FN2: (COR), FN3: (H.JUD/CRT), 726 FN4: (CRT), FN5: (HSS), FN6: (LAW) 726 FIN RPT CS(FIN) 10DP 879 FN2: (COR), FN4: (CRT), FN5: (HSS) 879 FN7: (H.FIN/ADM), FN8: (H.FIN/LAW) 879 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 172(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Mulder and Porter: Page 4, line 31, following "The Alaska Judicial Council": Delete "shall conduct an evaluation of the pilot" Insert "will develop a uniform data collection form for use by the therapeutic courts. The Council shall evaluate the effectiveness of the 2001-04-06 House Journal Page 0884 pilot therapeutic court programs by developing baseline information and comparing that data with ongoing program results as reported by the" Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 172(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 172(FIN) am was read the third time. **The presence of Representatives Croft, Guess, Davies, and Kerttula was noted. The question being: "Shall CSHB 172(FIN) am pass the House?" The roll was taken with the following result: CSHB 172(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Berkowitz, Green, Harris, Kapsner, Ogan Absent: Masek And so, CSHB 172(FIN) am passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 58 The following was read the second time: 2001-04-06 House Journal Page 0885 SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board." with the: Journal Page FIN RPT 9DP 856 FN1: (CED) 856 Representative James moved and asked unanimous consent that SB 58 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 58 was read the third time. The question being: "Shall SB 58 pass the House?" The roll was taken with the following result: SB 58 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Berkowitz, Green, Harris, Kapsner, Ogan Absent: Foster, Masek And so, SB 58 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. SECOND READING OF HOUSE BILLS (continued) HB 32 The following, which was moved to the bottom of the calendar (page 882) was read the second time: 2001-04-06 House Journal Page 0886 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." with the: Journal Page JUD RPT CS(JUD) 3DP 1NR 679 FN1: ZERO(CRT) 680 FN2: ZERO(DPS) 680 FIN REFERRAL WAIVED 747 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 32(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative McGuire: Page 1, following line 6: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: INTENT. The legislature recognizes these forfeitures as in personam and, as a matter of consistency and fairness, instructs the courts to continue to provide, as they consider reasonable, remission to innocent parties who have an ownership interest in the equipment forfeited." Page 1, line 7: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill sections accordingly. 2001-04-06 House Journal Page 0887 Representative McGuire moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 32(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 32(JUD) am was read the third time. The question being: "Shall CSHB 32(JUD) am pass the House?" The roll was taken with the following result: CSHB 32(JUD) am Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Berkowitz, Green, Harris, Kapsner, Ogan Absent: Masek And so, CSHB 32(JUD) am passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative James moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 2001-04-06 House Journal Page 0888 Honoring - Dillingham Wolverines, Girls High School Volleyball Team By Representatives Kapsner, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Honoring - Kodiak Bears Boys Basketball Team By Senator Austerman; Representatives Stevens, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Whitaker, Williams, Wilson In Memoriam - Judith Mae Holbert By Representatives Coghill, Morgan, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Lincoln In Memoriam - Howard E. Holbert By Representatives Coghill, Morgan, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Lincoln In Memoriam - Oscar S. Selmer, Jr. By Senator Austerman; Representatives Kookesh, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson 2001-04-06 House Journal Page 0889 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 Davies - from 7:15 p.m., April 6 to 6:24 p.m., April 8, 2001 Representative Kott - from 2:00 p.m., April 7 to 9:30 a.m., April 9, 2001 Representative Joule - from 8:00 a.m., plane time, April 18 to 8:00 p.m., plane time, April 19, 2001 Representative Kerttula - from 11:00 a.m. to 1:00 p.m., April 12, 2001 Representative Kookesh - from 8:00 a.m., April 9 to 5:00 p.m., April 10, 2001 Representative Morgan - from 1:30 p.m., plane time, April 6 to 1:45 p.m., plane time, April 8, 2001 (amended from page 829) HB 32 Representatives Meyer and Wilson added their names as cosponsors to: CS FOR HOUSE BILL NO. 32(JUD) am "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 144 Representative Chenault removed his name as cosponsor to: 2001-04-06 House Journal Page 0890 HOUSE BILL NO. 144 "An Act requiring nonresident hunters to be accompanied when hunting moose; and providing for an effective date." HB 172 Representatives Halcro, McGuire, Hayes, James, Meyer, Croft, Williams, and Cissna added their names as cosponsors to: CS FOR HOUSE BILL NO. 172(FIN) am "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." HB 195 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 195 "An Act requiring governmental entities to meet certain requirements before placing a burden on a person's free exercise of religion." HB 232 Representative Wilson added her name as cosponsor to: HOUSE BILL NO. 232 "An Act permitting state residents to purchase remote recreational cabin sites." SJR 10 Representative Chenault added his name as cross sponsor to: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 10(MLV) am H Urging the United States Congress to fully fund the operational readiness and recapitalization requirements of the United States Coast Guard. 2001-04-06 House Journal Page 0891 SB 58 Representative James added her name as cross sponsor to: SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board." SB 65 Representative Fate added his name as cross sponsor to: CS FOR SENATE BILL NO. 65(FIN) "An Act requiring a study regarding equal pay for equal work of certain state employees." ENGROSSMENT HB 32 CSHB 32(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 172 CSHB 172(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 24 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., April 6, 2001: 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." 2001-04-06 House Journal Page 0892 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Resources Committee 1:00 p.m. CANCELED ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 9, 2001. There being no objection, the House adjourned at 11:00 a.m. Suzi Lowell Chief Clerk