Legislature(2001 - 2002)
2001-05-02 House Journal
Full Journal pdf2001-05-02 House Journal Page 1477 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday May 2, 2001 One Hundred Fifteenth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:16 a.m. Roll call showed 38 members present. Representative Masek was excused from a call of the House today due to illness. Representative Kapsner was excused from a call of the House today due to illness and her presence was noted later. The invocation was offered by Pastor Gary Waterhouse of the Juneau and Sitka Seventh-day Adventist Churches. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: The Psalmist has said, "The earth is the Lord's and the fullness thereof." We have at times thought of ourselves as the owners of this earth, but it is Yours. Thank You that we have been placed here in this beautiful land that we call Alaska. We are here as caretakers, custodians of its resources. We ask Your forgiveness if we have not managed this property responsibly. Lord, help us to be judicious, unswerving, and accountable stewards of that which has been entrusted to us. May we help to retain its beauty and its wealth for generations to come. We pray, Amen. The Pledge of Allegiance was led by Representative Davies. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 114th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 2001-05-02 House Journal Page 1478 MESSAGES FROM THE SENATE HB 99 A message dated May 1, 2001, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 99(HES) "An Act relating to school discipline and safety programs; and providing for an effective date." CSHB 99(HES) was referred to the Chief Clerk for enrollment. SB 103 A message dated May 1, 2001, was read stating the Senate has failed to concur in the House amendments to CSSB 103(FIN), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 103(2d RLS) am H "An Act relating to election campaigns and legislative ethics." and respectfully requests the House to recede from its amendments. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Therriault, Chair Senator Cowdery Senator Ellis HCS CSSB 103(2d RLS) am H is under Unfinished Business. A message dated May 1, 2001, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 151 SENATE BILL NO. 151 by Senators Hoffman and Halford, entitled: 2001-05-02 House Journal Page 1479 "An Act relating to the Bristol Bay Salmon Classic; and providing for an effective date." was read the first time and referred to the Rules Committee. COMMUNICATIONS The following was received: A letter dated April 25, 2001, from Nicolasa B. Borja, Senate Clerk, Northern Marianas Commonwealth Legislature, forwarding a resolution requesting the Congress of the United States to adopt an amendment to the Constitution of the United States to add a new article on the subject of judicial taxation. REPORTS OF STANDING COMMITTEES HB 185 The Resources Committee has considered: HOUSE BILL NO. 185 "An Act relating to fees for certain uses of state water and the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 185(RES) "An Act relating to fees for certain uses of state water and to the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date." The report was signed by Representative Scalzi, Co-chair, with the following individual recommendations: 2001-05-02 House Journal Page 1480 Do pass (5): Stevens, Chenault, Green, Fate, Scalzi No recommendation (1): McGuire The following fiscal note(s) apply to CSHB 185(RES): 1. Fiscal, Dept. of Natural Resources HB 185 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Valdez High Academic Decathlon Team, First in 3A Division - 3rd in State By Representative Harris; Senator Lincoln Honoring - Valdez Centennial By Representative Harris Honoring - Brent Leo Schaeffer, Eagle Scout By Senator Phillips In Memoriam - Rita Oney By Representative McGuire In Memoriam - Monsignor John A. Lunney By Representative Mulder In Memoriam - Walter O. Sinn By Representative Fate In Memoriam - Clarence LaMay By Senator Phillips In Memoriam - Milton Leonard Daugherty By Senator Phillips 2001-05-02 House Journal Page 1481 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 266 HOUSE BILL NO. 266 by Representative Porter, entitled: "An Act establishing and relating to the Joint Federal and State Navigable Waters Commission for Alaska; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 267 HOUSE BILL NO. 267 by the House Labor & Commerce Committee by request, entitled: "An Act relating to the regulation of small water utilities and small wastewater utilities; and permitting the Regulatory Commission of Alaska to require certain public facilities to acquire water or wastewater utility service from certain public utilities." was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 189 The following was read the second time: HOUSE BILL NO. 189 "An Act repealing statutory provisions relating to term limits and term limit pledges." 2001-05-02 House Journal Page 1482 with the: Journal Page STA RPT 6DP 1062 FN1: ZERO(GOV) 1063 JUD RPT 3DP 2NR 1116 FN1: ZERO(GOV) 1116 Representative James moved and asked unanimous consent that HB 189 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 189 was read the third time. The question being: "Shall HB 189 pass the House?" The roll was taken with the following result: HB 189 Third Reading Final Passage YEAS: 24 NAYS: 13 EXCUSED: 2 ABSENT: 1 Yeas: Bunde, Chenault, Coghill, Davies, Fate, Foster, Green, Harris, Hudson, James, Kerttula, Kohring, Kott, Lancaster, Morgan, Moses, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dyson, Guess, Halcro, Hayes, Joule, Kookesh, McGuire, Meyer, Murkowski Excused: Kapsner, Masek Absent: Mulder And so, HB 189 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 19 The following was read the second time: 2001-05-02 House Journal Page 1483 CS FOR SENATE BILL NO. 19(HES) "An Act relating to federal child support enforcement requirements regarding social security number information, employer reports about employees, and certain kinds of automated data matching with financial institutions; repealing the termination date of changes made by ch. 87, SLA 1997, and ch. 132, SLA 1998, regarding child support enforcement and related programs; repealing the nonseverability provision of ch. 132, SLA 1998; repealing uncodified laws relating to ch. 87, SLA 1997, and ch. 132, SLA 1998; and providing for an effective date." with the: Journal Page HES RPT HCS(HES) NT 2DP 3NR 2AM 703 TITLE CHANGE PENDING HCR 10 703 FN2: ZERO(REV) 704 JUD RPT HCS(HES) NT 1DP 5NR 1235 FN2: ZERO(REV) 1236 FIN RPT HCS(HES) NT 8DP 1425 FN2: ZERO(REV) 1426 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 19(HES) "An Act relating to federal child support enforcement requirements regarding social security number information, employer reports about employees, and certain kinds of automated data matching with financial institutions; relating to child support payments; repealing the termination date of changes made by ch. 87, SLA 1997, and ch. 132, SLA 1998, regarding child support enforcement and related programs; repealing the nonseverability provision of ch. 132, SLA 1998; repealing uncodified laws relating to ch. 87, SLA 1997, and ch. 132, SLA 1998; and providing for an effective date." There being no objection, it was so ordered. 2001-05-02 House Journal Page 1484 Representative James moved and asked unanimous consent that HCS CSSB 19(HES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 19(HES) was read the third time. **The presence of Representative Kapsner was noted. The question being: "Shall HCS CSSB 19(HES) pass the House?" The roll was taken with the following result: HCS CSSB 19(HES) Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Coghill, James, Kohring, Ogan Excused: Masek Absent: Bunde, Chenault, Mulder And so, HCS CSSB 19(HES) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 19(HES) was referred to the Chief Clerk for engrossment. SB 178 The following was read the second time: 2001-05-02 House Journal Page 1485 SENATE BILL NO. 178 "An Act relating to the detention of delinquent minors and to temporary detention hearings; amending Rule 12, Alaska Delinquency Rules; and providing for an effective date." with the: Journal Page JUD RPT 4DP 1NR 1358 FN1: ZERO(HSS) 1359 FN2: ZERO(CRT) 1359 Representative James moved and asked unanimous consent that SB 178 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 178 was read the third time. The question being: "Shall SB 178 pass the House?" The roll was taken with the following result: SB 178 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek Absent: Chenault, Kapsner, Moses, Rokeberg And so, SB 178 passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. 2001-05-02 House Journal Page 1486 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. SB 178 was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 198 The following, which was advanced to third reading from the May 1, 2001, calendar (page 1436), was read the third time: CS FOR HOUSE BILL NO. 198(RLS) "An Act relating to a post-retirement pension adjustment for certain persons receiving benefits under the Elected Public Officers Retirement System, and establishing and relating to a Compensation Commission for State Officials." The Rules Committee submitted the following updated fiscal note: 4. Fiscal, Dept. of Administration Representative Hudson moved and asked unanimous consent that CSHB 198(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Hudson: Page 1, line 3, following "Officials" (title amendment): Insert "; and providing for an effective date" Page 3, following line 16: Insert a new bill section to read: "*Sec. 3. This Act takes effect June 30, 2001." Representative Hudson moved and asked unanimous consent that Amendment No. 1 be adopted. 2001-05-02 House Journal Page 1487 Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 198(RLS)(efd add) "An Act relating to a post-retirement pension adjustment for certain persons receiving benefits under the Elected Public Officers Retirement System, and establishing and relating to a Compensation Commission for State Officials; and provided for an effective date." Representatives Kerttula and Coghill moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall CSHB 198(RLS)(efd add) pass the House?" The roll was taken with the following result: CSHB 198(RLS)(efd add) Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Ogan Excused: Masek Absent: Kapsner, Moses, Rokeberg And so, CSHB 198(RLS)(efd add) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 198(RLS)(efd add) was referred to the Chief Clerk for engrossment. 2001-05-02 House Journal Page 1488 SECOND READING OF HOUSE RESOLUTIONS HCR 10 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 10 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 19, relating to certain federal child support enforcement requirements, so that the phrase "relating to child support payments" may be added to the bill's title. with the: Journal Page JUD RPT 2DP 4NR 1227 FIN RPT 8DP 1424 The question being: "Shall HCR 10 pass the House?" The roll was taken with the following result: HCR 10 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek Absent: Kapsner And so, HCR 10 passed the House and was referred to the Chief Clerk for engrossment. 2001-05-02 House Journal Page 1489 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 - Midnight Sun Learning Center By Representatives Kohring, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Principal Dave Combs Upon His Retirement By Representative Mulder, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams, Wilson Honoring - Mike Dingman By Representatives Meyer, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Carl Rose, Executive Director, Association of Alaska School Boards By Senator Davis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams, Wilson 2001-05-02 House Journal Page 1490 Commemorating - Juneteenth 2001 By Senator Davis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams, Wilson In Memoriam - George Ahgupuk By Representatives Croft, Joule, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson In Memoriam - Jeff Childs By Representatives Mulder, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Jay Dee Williams By Senator Halford; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson CONCUR IN SENATE AMENDMENTS HB 127 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1352) on the following at this time: CS FOR HOUSE BILL NO. 127(RLS) "An Act relating to aviation and to emergency equipment to be carried on aircraft." 2001-05-02 House Journal Page 1491 and SENATE CS FOR CS FOR HOUSE BILL NO. 127(TRA) am S (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendments to CSHB 127(RLS), thus adopting SCS CSHB 127(TRA) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendments to CSHB 127(RLS)?" The roll was taken with the following result: SCS CSHB 127(TRA) am S Concur YEAS: 0 NAYS: 39 EXCUSED: 1 ABSENT: 0 Nays: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek And so, the House failed to concur in the Senate amendments, thus failing to adopt SCS CSHB 127(TRA) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendments, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Harris, Chair Representative Bunde Representative Kerttula 2001-05-02 House Journal Page 1492 SB 103 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1478) on the following at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 103(2d RLS) am H "An Act relating to election campaigns and legislative ethics." and CS FOR SENATE BILL NO. 103(FIN) (same title) Objection was heard and withdrawn. There being no further objection, it was so ordered. Representative James moved that the House recede from its amendments to CSSB 103(FIN), namely HCS CSSB 103(2d RLS) am H, and recommended that the members vote no. The question being: "Shall the House recede from its amendments to CSSB 103(FIN)?" The roll was taken with the following result: HCS CSSB 103(2d RLS) am H Recede YEAS: 1 NAYS: 37 EXCUSED: 1 ABSENT: 1 Yeas: Ogan Nays: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek Absent: Kohring And so, the House failed to recede. 2001-05-02 House Journal Page 1493 The Speaker appointed the following members to the Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Kott, Chair Representative Coghill Representative Croft The Chief Clerk was instructed to so notify the Senate. UNFINISHED BUSINESS SB 187 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 187(FIN) "An Act relating to absentee and special needs voting." ENGROSSMENT HCR 10 HCR 10 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 189 HB 189 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 198 CSHB 198(RLS)(efd add) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 19 HCS CSSB 19(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2001-05-02 House Journal Page 1494 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., May 3, 2001. There being no objection, the House adjourned at 11:17 a.m. Suzi Lowell Chief Clerk