Legislature(2001 - 2002)
2002-01-22 House Journal
Full Journal pdf2002-01-22 House Journal Page 2023 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday January 22, 2002 Ninth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:46 a.m. Roll call showed 36 members present. Representatives Kohring, Masek, and Scalzi had been previously excused from a call of the House today. Representative Ogan was absent and his presence was noted later. The invocation was offered by Pastor Daymond Geary of Restoration Grace Outreach Center. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Father in heaven, as this assembly begins a new day of debate and deliberation on matters of state, give each one a measure of understanding and appreciation for one another. Remind each that party lines represent differences of idealogy, but each are still part of humanity. Everyone needs to be appreciated, respected, and loved. May each one know the experience of the prophet Isaiah. In his words, "The Sovereign Lord has given me an instructed tongue, to know the words that sustain the weary. He wakens me morning by morning, wakens my ear to listen like one being taught." The Bible states that the tongue is the power of life and death, blessing and curse. I pray that each one will be generous in praise and cautious in criticism. As this assembly debates issues, may wisdom prevail and self-respect remain intact. Lord, keep each in a spirit of harmony so that each distinct sound is tuned and heard at the right time thereby creating a great symphony. Bless this House of Representatives, each 2002-01-22 House Journal Page 2024 one's family, and staff. Bless this state and our nation. In Jesus' Name. Amen. The Pledge of Allegiance was led by Representative Coghill. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the fifth, sixth, seventh, and eighth legislative days and Senate and House Joint Journal Supplement No. 8 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following were received: Dept. of Health & Social Services Office of the Commissioner In Step - The Plan Comprehensive Integrated Mental Health Plan Dept. of Natural Resources Division of Mining, Land, and Water 2002 Report to the Legislature Report on Identified RS 2477 Rights-of-Way (as required by AS 19.30.400) Notification of Annual Mining Report (as required by AS 27.05.060) Land Disposal Income Fund Report (as required by AS 38.04.022) Notification of Annual Report on Water Removals and Exports (as required by AS 46.15.020) 2002-01-22 House Journal Page 2025 Dept. of Revenue Alaska Housing Finance Corporation 2001 Annual Report (as required by AS 18.56.089) HB 242 Pursuant to the following: SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." Chapter No. 57, SLA 2001 The following was received: Dept. of Administration Division of Retirement and Benefits Summary of Retirees Returned to Public Employment January 8, 2002 REPORTS OF STANDING COMMITTEES HJR 30 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 30 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (5): Wilson, Stevens, James, Fate, Coghill 2002-01-22 House Journal Page 2026 No recommendation (1): Hayes The following fiscal note(s) apply: 1. Zero, House State Affairs Committee/Legislative Affairs Agency HJR 30 was referred to the Judiciary Committee. **The presence of Representative Ogan was noted. HB 334 The Finance Committee has considered: HOUSE BILL NO. 334 "An Act making appropriations for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 334(FIN) (same title) The report was signed by Representatives Williams and Mulder, Co- chairs, with the following individual recommendations: Do pass (7): Williams, Mulder, Harris, Croft, Lancaster, Hudson, Foster No recommendation (2): Davies, Moses HB 334 was referred to the Rules Committee for placement on the calendar. 2002-01-22 House Journal Page 2027 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - John M. Brower By Representative Meyer Honoring - Jacob Adams By Representative Joule; Senator Olson Honoring - William Elliott By Representative Masek Honoring - Larry Erickson By Representative Lancaster Honoring - Stephany Thompson By Representative Masek Honoring - Alaska's 2002 Olympic Torchbearers By Senator Elton; Representative Mulder Honoring - Michelle Kennedy By Senator Taylor; Representative Wilson In Memoriam - Kevin Christopher "Katinniq Atoruk" By Representative Joule In Memoriam - Tommy Reed Corr III By Representative Lancaster In Memoriam - Milton "Turk" Turkington, Jr. By Representatives Scalzi, Lancaster In Memoriam - Michael K. McDonald By Senator Phillips; Representative Rokeberg 2002-01-22 House Journal Page 2028 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 32 HOUSE JOINT RESOLUTION NO. 32 by Representative Dyson: Encouraging the United States Board on Geographic Names to adopt place name changes proposed by the Alaska Historical Commission. was read the first time and referred to the Community & Regional Affairs and Resources Committees. HJR 33 HOUSE JOINT RESOLUTION NO. 33 by Representative James: Expressing gratitude to President George W. Bush, to the President's cabinet, and to the men and women of the United States armed forces and declaring support for the war on terrorism. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. HJR 34 HOUSE JOINT RESOLUTION NO. 34 by Representative James: Requesting the members of the Alaska delegation in the United States Senate to urge the Majority Leader of the United States Senate to allow President George W. Bush's economic security package to receive a vote. was read the first time and referred to the Labor & Commerce Committee. 2002-01-22 House Journal Page 2029 HJR 35 HOUSE JOINT RESOLUTION NO. 35 by Representative James: Relating to urging the United States Congress to amend the tax code to permanently repeal the death tax. was read the first time and referred to the State Affairs Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 346 HOUSE BILL NO. 346 by Representative Masek, entitled: "An Act relating to concealed handgun permittees." was read the first time and referred to the State Affairs and Judiciary Committees. HB 347 HOUSE BILL NO. 347 by Representative Coghill, entitled: "An Act relating to benefits for state officers and employees initially hired after June 30, 2002." was read the first time and referred to the State Affairs and Finance Committees. HB 348 HOUSE BILL NO. 348 by Representative Croft, entitled: "An Act relating to violations of domestic violence protective orders." was read the first time and referred to the Judiciary Committee. 2002-01-22 House Journal Page 2030 HB 349 HOUSE BILL NO. 349 by Representative Dyson, entitled: "An Act relating to agency programs and financial plans." was read the first time and referred to the Finance Committee. The Speaker stated that, without objection, the House would stand at ease; and so, the House stood at ease at 10:58 a.m. AFTER AT EASE The Speaker called the House back to order at 11:01 a.m. JOINT SESSION IN THE HOUSE In accordance with the Uniform Rule 51, Speaker Porter turned the gavel over to President Halford who called the joint session to order at 11:02 a.m. The purpose of the joint session was to hear an address by the Honorable Ted Stevens, U.S. Senator. Senator Leman moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Halford appointed Representative Kerttula and Senator Stevens to escort the Senator to the joint session. The Senate Sergeant-at-Arms announced the Senator's entrance into the House Chamber. Senator Stevens was escorted to the rostrum and welcomed by President Halford. 2002-01-22 House Journal Page 2031 Senator Stevens delivered his address and it is published in House & Senate Joint Journal Supplement No. 9. A question and answer period followed the conclusion of the Senator's speech. Senator Stevens received a standing ovation and was escorted from the Chamber by Representative Kerttula and Senator Stevens. Senator Leman moved and asked unanimous consent that the joint session adjourn. There being no objection, President Halford adjourned the joint session at 12:06 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 12:09 p.m. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 68 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 68 "An Act relating to civil liability for transporting an intoxicated person or for driving an intoxicated person's motor vehicle; and providing for an effective date." with the: Journal Page TRA RPT CS(TRA) 5DP 1NR 784 FN1: ZERO(LAW) 784 JUD RPT CS(JUD) NT 2DP 3NR 1085 FN1: ZERO(LAW) 1086 2002-01-22 House Journal Page 2032 The Rules Committee submitted the following updated fiscal note: 2. Zero, Dept. of Law 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. 68(JUD) "An Act relating to accidents involving the vehicle of a person under the influence of an alcoholic beverage; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 2, line 22: Delete "2001" Insert "2002" Representative Rokeberg 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 CSSSHB 68(JUD)(efd am) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSSHB 68(JUD)(efd am) was read the third time. The question being: "Shall CSSSHB 68(JUD)(efd am) pass the House?" The roll was taken with the following result: CSSSHB 68(JUD)(efd am) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 2002-01-22 House Journal Page 2033 Yeas: 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, Ogan, Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson Excused: Kohring, Masek, Scalzi And so, CSSSHB 68(JUD)(efd am) 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. Representative Davies gave notice of reconsideration of the vote on CSSSHB 68(JUD)(efd am). 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 - Louise and Algot Anderson, 51st Wedding Anniversary By Representatives Stevens, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Williams, Wilson; Senator Austerman In Memoriam - Earl Norris By Representatives Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson 2002-01-22 House Journal Page 2034 In Memoriam - Myrle Sue Lagasse By Senator Austerman; Representatives Stevens, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson In Memoriam - Patricia Symonds By Senator Stevens; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, 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 Dyson - from 7:00 a.m., January 26 to 9:45 p.m., January 27, 2002 Representative Masek - from noon, February 14 to 9:30 p.m., plane time, February 19, 2002 Representative Ogan - from 2:05 p.m., February 14 to 9:35 p.m., plane time, February 18, 2002 (amended from page 2014) HCR 11 Representative Green added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 11 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to the Education Committee, a standing committee of the legislature. HJR 30 Representative Coghill added his name as cosponsor to: 2002-01-22 House Journal Page 2035 HOUSE JOINT RESOLUTION NO. 30 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Health, Education & Social Services Committee CANCELED 3:00 p.m., 1/22 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 23, 2002. There being no objection, the House adjourned at 12:30 p.m. Suzi Lowell Chief Clerk