Legislature(2001 - 2002)
2001-04-09 House Journal
Full Journal pdf2001-04-09 House Journal Page 0899 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 9, 2001 Ninety-second Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:09 a.m. Roll call showed 35 members present. Representatives Cissna, Fate, Foster, and Kookesh had been previously excused from a call of the House today. Representative James moved and asked unanimous consent that Representative Ogan's previously excused absence (page 819) be extended through 9:30 p.m., plane time, April 16, 2001. There being no objection, it was so ordered. The invocation was offered by Pastor Sam Dalin of the River of Glory Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Father God, Son, and Holy Spirit, we come before You today thanking You that every good and perfect gift is from above. We need Your gifts to help us this day as we do the tasks that are set before us. We thank You for Your good and perfect gifts of love, joy, and peace. We ask, with thanksgiving, for Your help in leading this great state of Alaska. We pray this in the name of God the Father, God the Son, God the Holy Spirit. Amen. The Pledge of Allegiance was led by Representative Mulder. 2001-04-09 House Journal Page 0900 CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 89th, 90th, and 91st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 16 A message dated April 6, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 16(RLS) "An Act regarding oil discharge prevention and cleanup involving self-propelled nontank vessels exceeding 400 gross registered tonnage and railroad tank cars and related facilities and operations and requiring preparation and implementation of oil discharge contingency plans for those nontank vessels and railroad tank cars; amending the definition of 'response action' that relates to releases or threatened releases of oil and thereby amending the duties and liabilities of response action contractors; authorizing compliance verification for nontank vessels and for trains and related facilities and operations; and providing for an effective date." Chapter No. 8, SLA 2001 Effective Date: April 7, 2001 MESSAGES FROM THE SENATE SJR 10 A message dated April 6, 2001, was read stating the Senate has concurred in the House amendment to SJR 10, thus adopting: 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. 2001-04-09 House Journal Page 0901 REPORTS OF STANDING COMMITTEES HB 121 The Judiciary Committee has considered: HOUSE BILL NO. 121 "An Act relating to the issuance of qualified charitable gift annuities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 121(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Meyer, Coghill, James, Rokeberg The following fiscal note(s) apply to CSHB 121(L&C): 1. Zero, Dept. of Community & Economic Development HB 121 was referred to the Rules Committee for placement on the calendar. HB 143 The Judiciary Committee has considered: HOUSE BILL NO. 143 "An Act relating to the deoxyribonucleic acid (DNA) identification registration system." and recommends it be replaced with: CS FOR HOUSE BILL NO. 143(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: 2001-04-09 House Journal Page 0902 Do pass (3): Meyer, James, Rokeberg No recommendation (2): Coghill, Kookesh The following fiscal note(s) apply to CSHB 143(JUD): 1. Zero, Dept. of Public Safety 2. Indeterminate, Dept. of Administration HB 143 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Noorvik Bears Basketball Team By Representative Joule In Memoriam - John E. "Pat" Ryan By Representative Bunde In Memoriam - Minnie LaPage By Representative Harris; Senator Lincoln In Memoriam - Joseph Martin Jackovich By Representatives Fate, Hayes In Memoriam - Marlieta Davis Wallace By Senator Taylor 2001-04-09 House Journal Page 0903 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 237 HOUSE BILL NO. 237 by Representative Coghill, entitled: "An Act relating to filling a vacancy in the office of United States senator." was read the first time and referred to the Judiciary Committee. HB 238 HOUSE BILL NO. 238 by Representative Lancaster, entitled: "An Act relating to the power transmission intertie fund of the Alaska Energy Authority." was read the first time and referred to the Finance Committee. HB 239 HOUSE BILL NO. 239 by Representative Foster, entitled: "An Act establishing a pilot program for a regional learning center." was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services and Finance Committees. HB 240 HOUSE BILL NO. 240 by Representative Stevens, entitled: "An Act relating to eligibility for major medical insurance coverage for beneficiaries of the teachers' retirement system; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 2001-04-09 House Journal Page 0904 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 111 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 111 "An Act relating to civil liability for injuries or death resulting from livestock activities." with the: Journal Page JUD RPT CS(JUD) 5DP 877 FN1: ZERO(H.JUD/ALL DEPTS) 878 FN2: ZERO(H.JUD/CRT) 878 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 111(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Croft: Page 2, line 26, following "(1)": Delete "gross negligence or reckless or intentional misconduct" Insert "negligence, gross negligence, reckless or intentional misconduct" Page 3, line 1, following "to be": Insert "or reasonably should know to be" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Coghill objected. 2001-04-09 House Journal Page 0905 Representative Coghill moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. There being no objection, Amendment No. 1 was divided. Part A of Amendment No. 1: Page 2, line 26, following "(1)": Delete "gross negligence or reckless or intentional misconduct" Insert "negligence, gross negligence, reckless or intentional misconduct" The question being: "Shall Amendment No. 1 - Part A be adopted?" The roll was taken with the following result: CSSSHB 111(JUD) Second Reading Amendment No. 1 - Part A YEAS: 8 NAYS: 27 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Crawford, Croft, Davies, Guess, Kapsner, Kerttula, Moses Nays: Bunde, Chenault, Coghill, Dyson, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Cissna, Fate, Foster, Kookesh, Ogan And so, Amendment No. 1 - Part A was not adopted. Part B of Amendment No. 1: Page 3, line 1, following "to be": Insert "or reasonably should know to be" There being no objection, Amendment No. 1 - Part B was adopted. 2001-04-09 House Journal Page 0906 Amendment No. 2 was offered by Representatives Berkowitz and Kerttula: Page 4, line 2, following "objects;": Insert "and" Page 4, line 4: Delete "and" Page 4, lines 5-6: Delete all material. Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative James objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSSHB 111(JUD) am Second Reading Amendment No. 2 YEAS: 12 NAYS: 23 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Crawford, Croft, Davies, Green, Hayes, Hudson, Joule, Kapsner, Kerttula, Moses, Whitaker Nays: Bunde, Chenault, Coghill, Dyson, Guess, Halcro, Harris, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Excused: Cissna, Fate, Foster, Kookesh, Ogan And so, Amendment No. 2 was not adopted. Representative James moved and asked unanimous consent that CSSSHB 111(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. 2001-04-09 House Journal Page 0907 The Speaker stated that CSSSHB 111(JUD) am will be advanced to third reading on the April 10, 2001, calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 8 The following was read the second time: 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. with the: Journal Page O&G RPT CS(O&G) 4DP 1DNP 1NR 785 FN1: ZERO(H.O&G) 786 RES RPT CS(RES) 6DP 1NR 876 FN1: ZERO(H.O&G) 876 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 8(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Green: Page 2, line 31, following "legislature": Delete "will" Insert "may" Representative Green moved and asked unanimous consent that Amendment No. 1 be adopted. 2001-04-09 House Journal Page 0908 Representative Berkowitz objected. Representative Meyer moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Meyer was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHCR 8(RES) Second Reading Amendment No. 1 YEAS: 8 NAYS: 26 EXCUSED: 5 ABSENT: 1 Yeas: Chenault, Green, Halcro, Kohring, Kott, Lancaster, Masek, Scalzi Nays: Berkowitz, Coghill, Crawford, Croft, Davies, Dyson, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson Excused: Cissna, Fate, Foster, Kookesh, Ogan Absent: Bunde And so, Amendment No. 1 was not adopted. The question being: "Shall CSHCR 8(RES) pass the House?" The roll was taken with the following result: CSHCR 8(RES) Second Reading Final Passage YEAS: 31 NAYS: 3 EXCUSED: 5 ABSENT: 1 Yeas: Berkowitz, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Halcro, Kohring, Moses 2001-04-09 House Journal Page 0909 Excused: Cissna, Fate, Foster, Kookesh, Ogan Absent: Bunde And so, CSHCR 8(RES) 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: Honoring - Dan Shanders By Representatives Green, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Halcro, Hayes, Hudson, James, Joule, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson Honoring - Mary Ellen Murphy By Representatives Green, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Halcro, Hayes, Hudson, James, Joule, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson Honoring - Charlton Heston, President of the National Rifle Association By Senator Donley; Representatives Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Halcro, Hayes, Hudson, James, Joule, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson Honoring - University of Alaska Fairbanks Rifle Team By Senator Wilken; Representatives Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Halcro, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Whitaker, Williams, Wilson 2001-04-09 House Journal Page 0910 Honoring - Melissa Mulloy By Senator Wilken; Representatives Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Halcro, Hayes, Hudson, James, Joule, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson 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 Crawford - from 7:14 p.m., plane time, April 13 to 9:34 p.m., plane time, April 16, 2001 Representative Masek - from noon, plane time, April 12 to 9:30 a.m., plane time, April 17, 2001 HCR 8 Representatives Wilson and James added their names as cosponsors to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 8(RES) 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. HJR 13 Representative Hayes removed his name as cosponsor from: HOUSE JOINT RESOLUTION NO. 13 Urging the President and the United States Congress to uphold Alaska's right to 90 percent of the royalties from oil, gas, and mineral leasing on federal land in Alaska. 2001-04-09 House Journal Page 0911 HB 18 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 18 "An Act making an appropriation to the Department of Community and Economic Development for renters' tax equivalency payments; and providing for an effective date." HB 32 Representative Stevens added his name as cosponsor 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 101 Representative Lancaster added his name as cosponsor to: HOUSE BILL NO. 101 "An Act relating to charter schools; and providing for an effective date." HB 111 Representatives Mulder, Hayes, McGuire, and Wilson added their names as cosponsors to: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 111(JUD) am "An Act relating to civil liability for injuries or death resulting from livestock activities." HB 172 Representative Kapsner added her name as cosponsor to: 2001-04-09 House Journal Page 0912 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." SJR 15 Representative Chenault added his name as cross sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 15(RLS) Relating to imports of salmon from Chile. SB 65 Representatives Guess and McGuire added their names as cross sponsors to: CS FOR SENATE BILL NO. 65(FIN) "An Act requiring a study regarding equal pay for equal work of certain state employees." ENGROSSMENT HCR 8 CSHCR 8(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 10, 2001. There being no objection, the House adjourned at 12:31 p.m. Suzi Lowell Chief Clerk