Legislature(2001 - 2002)

2002-01-30 House Journal

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2002-01-30                     House Journal                      Page 2091
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                  Wednesday              January 30, 2002                           
                                                                                                    
                             Seventeenth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:06 a.m.                                                                                
                                                                                                    
                                                                                                    
Roll call showed 40 members present.                                                                
                                                                                                    
                                                                                                    
The invocation was offered by Pastor Gary Waterhouse of the Juneau                                  
and Sitka Seventh-day Adventist Churches.  Representative Ogan                                      
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it appears below:                                           
                                                                                                    
     O God, You hear us when we cry out to You.  As our                                             
     president stated last night, " . . . many have discovered again                                
     that even in tragedy -- especially in tragedy -- God is near."                                 
     You are certainly not indifferent to our needs, Lord.  You will                                
     not let us go even if family, friends, colleagues should turn                                  
     against us.  You will sustain us and keep us on course even                                    
     amongst all of the dangers and pitfalls of this life.                                          
                                                                                                    
     You are not only a refuge to whom we must fly, but You are                                     
     our strength and You are our courage to enable us to stand up                                  
     to the storms and conflicts that assail us.                                                    
                                                                                                    
     In these tumultuous times and uncertain times let us take                                      
     courage, step out in faith, and scorn the consequences.  We                                    
     pray in Thy Name.  Amen.                                                                       
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Stevens.                                         
                                                                                                    

2002-01-30                     House Journal                      Page 2092
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 15th and 16th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated January 28, 2002, was read stating the Senate has                                   
confirmed the reappointment of H. Conner Thomas and the                                             
appointment of Bonnie L. Mehner as public members of the Select                                     
Committee on Legislative Ethics.                                                                    
                                                                                                    
The House confirmed reappointment and appointment of the public                                     
members (page 2011).                                                                                
                                                                                                    
HCR 4                                                                                             
A message dated January 28, 2002, was read stating the Senate has                                   
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(STA)                                                  
     am                                                                                             
     Declaring February 2002 to be African-American Citizen                                         
     Recognition Month.                                                                             
                                                                                                    
CSHCR 4(STA) am was referred to the Chief Clerk for enrollment.                                     
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published today in                             
House Journal Supplement No. 6 and House & Senate Joint Journal                                     
Supplement No. 11.                                                                                  
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Oil and Gas                                                                             
Five-Year Oil and Gas Leasing Program                                                               
January 2002                                                                                        
(as required by AS 38.05.180)                                                                       

2002-01-30                     House Journal                      Page 2093
Office of the Ombudsman                                                                             
Matrix of Ombudsman Investigations                                                                  
January 25, 2002                                                                                    
(as required by AS 24.55.230)                                                                       
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HJR 35                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 35                                                                  
     Relating to urging the United States Congress to amend the tax                                 
     code to permanently repeal the death tax.                                                      
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Stevens, James, Fate, Hayes, Coghill                                          
                                                                                                    
Do not pass (1):  Crawford                                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House State Affairs Committee/Legislative Affairs Agency                                  
                                                                                                    
HJR 35 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 263                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 263                                                                             
     "An Act relating to water quality standards applicable to flow-                                
     through hot springs pools."                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 263(RES)                                                                 
     "An Act relating to water quality standards applicable to flow-                                
     through hot springs."                                                                          

2002-01-30                     House Journal                      Page 2094
The report was signed by Representative Scalzi, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Fate, Stevens, McGuire, Kerttula, Scalzi                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 263(RES):                                                
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
HB 263 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 - Suzanne "Sue" Linford                                                                    
By Representative Croft; Senator Ellis                                                              
                                                                                                    
Honoring - Loren Lounsbury                                                                          
By Representative Croft; Senator Ellis                                                              
                                                                                                    
Honoring - Billy W. Harris                                                                          
By Representative Chenault; Senator Ward                                                            
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 321                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 321 by                                                        
Representatives Guess and Meyer, entitled:                                                          
                                                                                                    
     "An Act relating to the purpose for crime victims' compensation;                               
     and limiting the factors that may be considered in making a crime                              
     victims' compensation award in cases of sexual assault or sexual                               
     abuse of a minor."                                                                             
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         

2002-01-30                     House Journal                      Page 2095
HB 364                                                                                            
HOUSE BILL NO. 364 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to capital projects for deferred maintenance,                                 
     replacement, modification, and expansion of state facilities;                                  
     relating to leases to secure financing for those projects; relating to                         
     the issuance of certificates of participation to finance those                                 
     projects for certain capital facilities owned by the state; giving                             
     notice of and approving the entry into, and the issuance of                                    
     certificates of participation in, lease-financing agreements for                               
     those projects; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
The Governor's transmittal letter dated January 28, 2002, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting to you a bill authorizing a $136 million financing                                
plan to address the highest priority deferred maintenance needs for                                 
state facilities, including Pioneers' Homes, prisons, and office                                    
buildings.  It takes a major step toward addressing the concerns raised                             
in 1998 by the Legislative Deferred Maintenance Task Force.                                         
                                                                                                    
Budget cuts to building operation and maintenance budgets since the                                 
mid-1980's, combined with inadequate capital funding for major                                      
maintenance and renovation projects, have led to continued                                          
deterioration of state buildings. These facilities are in serious need of                           
repair, major maintenance, and in some cases, replacement to maintain                               
and extend their useful lives, to comply with the Americans with                                    
Disabilities Act, and to protect the safety of employees and the public.                            
                                                                                                    

2002-01-30                     House Journal                      Page 2096
Some state buildings have deteriorated to the point of endangering the                              
safety and health of employees and the public.  For example, areas of                               
the Juneau State Office Building lobby were recently roped off                                      
because concrete roof pieces were falling to the floor. In Anchorage,                               
both the Pioneers' Home and the Boney Court Building have electrical                                
and fire code violations that create a safety hazard to building                                    
occupants.  The Fairbanks Pioneers' Home also has similar electrical                                
and fire code violations.                                                                           
                                                                                                    
In 1998, the Legislative Deferred Maintenance Task Force determined                                 
that deferred maintenance on state owned buildings, not including the                               
University of Alaska, totaled over $169 million.  Because of budget                                 
constraints, little funding has been provided in the last several years to                          
address deferred maintenance in state owned buildings except for the                                
University.  With the lack of funding, facilities have continued to                                 
deteriorate, increasing the deferred maintenance total to over $200                                 
million.  The legislative task force recommended that necessary                                     
deferred maintenance projects be financed through debt financing.                                   
                                                                                                    
The magnitude of the expenditures required to accomplish these                                      
essential facility repairs is too great to accommodate in a single year's                           
capital budget.  This legislation uses certificates of participation,                               
which are available now at extremely low interest rates that are among                              
the lowest in the last twenty years.  Annual debt service on these                                  
bonds will be approximately $12.8 million per year over a term of 15                                
years.  This investment will be a major step toward eliminating the                                 
deferred maintenance backlog.                                                                       
                                                                                                    
This bill also finances the replacement or expansion of several key                                 
facilities.  The Juneau National Guard Armory needs to be relocated;                                
funding is provided in this bill to construct a combined armory and                                 
University of Alaska facility.  The bill also provides funding for a                                
badly needed renovation and expansion of the Nome Youth Detention                                   
Facility.  The bill would authorize partial funding, to be matched with                             
federal monies, for construction of housing for Alaska veterans                                     
requiring an assisted living situation that cannot be provided by a                                 
Pioneers' Home.  A Veterans Housing and Health Needs Survey,                                        
previously requested, would determine the population to be served, the                              
level of care, and facility requirements.                                                           
                                                                                                    

2002-01-30                     House Journal                      Page 2097
The introduction of this deferred maintenance legislation, combined                                 
with general obligation bonds for school construction and major                                     
maintenance, revenue bonds for accelerated construction of                                          
transportation projects (GARVEE's), and amendments to the harbor                                    
bonds bill from last year, completes my agenda for debt financing of                                
capital construction projects.                                                                      
                                                                                                    
I encourage your support of this important legislation, which                                       
implements a responsible plan for funding essential deferred                                        
maintenance projects for state facilities.                                                          
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 365                                                                                            
HOUSE BILL NO. 365 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act making capital appropriations and a special appropriation                              
     for the purpose of performing deferred maintenance, replacement,                               
     modification, and expansion of capital facilities owned by the                                 
     state; and providing for an effective date."                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated January 28, 2002, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting to you today an appropriation bill which is the                                   
companion to the bill authorizing $136 million in certificates of                                   
participation for deferred maintenance repairs to state facilities.  This                           
bill appropriates the proceeds of the certificates of participation to the                          
appropriate departments for completion of the highest priority deferred                             
maintenance projects.                                                                               

2002-01-30                     House Journal                      Page 2098
I encourage your support of this financing package to address the                                   
significant deferred maintenance backlog.                                                           
                                                                                                    
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 366                                                                                            
HOUSE BILL NO. 366 by Representatives Coghill and James,                                            
entitled:                                                                                           
                                                                                                    
     "An Act relating to assisted living homes; and providing for an                                
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 367                                                                                            
HOUSE BILL NO. 367 by Representative Coghill, entitled:                                             
                                                                                                    
     "An Act relating to coverage of children and pregnant women                                    
     under the medical assistance program; and providing for an                                     
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                   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:                             
                                                                                                    
                                                                                                    

2002-01-30                     House Journal                      Page 2099
Honoring - Wanda Fields, 80th Birthday                                                              
By Senator Austerman; Representatives Stevens, Porter, Berkowitz,                                   
Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                   
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula,                                
Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski,                                        
Ogan, Scalzi, Williams, Wilson                                                                      
                                                                                                    
In Memoriam - Barrow Morgan                                                                         
By Representatives Foster, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess,                                
Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kott,                                        
Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Scalzi,                                         
Stevens, Williams, Wilson; Senator Olson                                                            
                                                                                                    
                           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 Cissna - from 7:00 a.m., February 2 to 9:31 a.m., plane                              
time, February 7, 2002                                                                              
                                                                                                    
Representative James - from 10:45 a.m. to 1:00 p.m., February 6; and                                
from 7:09 a.m., February 21 to 12:55 p.m., plane time, February 22,                                 
2002                                                                                                
                                                                                                    
Representative McGuire - from 7:00 a.m., January 31 to 9:30 p.m.,                                   
plane time, February 4, 2002                                                                        
                                                                                                    
Representative Murkowski - from 7:20 a.m., February 2 to 9:31 a.m.,                                 
plane time, February 4, 2002                                                                        
                                                                                                    
HJR 35                                                                                            
Representatives Coghill, Wilson, and Hayes added their names as                                     
cosponsors to:                                                                                      
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 35                                                                  
     Relating to urging the United States Congress to amend the tax                                 
     code to permanently repeal the death tax.                                                      

2002-01-30                     House Journal                      Page 2100
HB 277                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 277                                                                             
     "An Act relating to liens by owners of self-storage facilities;                                
     distinguishing self-storage facility liens from another type of                                
     storage lien; and excluding self-storage liens from the treatment of                           
     certain unclaimed property."                                                                   
                                                                                                    
                                                                                                    
HB 283                                                                                            
Representative Fate added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 283                                                                             
     "An Act relating to appointments to the Board of Fisheries and to                              
     the ex officio secretary of the Board of Fisheries."                                           
                                                                                                    
                                                                                                    
HB 284                                                                                            
Representative Fate added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 284                                                                             
     "An Act relating to participation in matters before the Board of                               
     Fisheries by members of the board; and providing for an effective                              
     date."                                                                                         
                                                                                                    
                                                                                                    
HB 286                                                                                            
Representative Fate added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 286                                                                             
     "An Act allowing a person to hold more than one commercial                                     
     fishing entry permit for a fishery; relating to the power of the                               
     Board of Fisheries to establish fishing periods and areas for                                  
     subgroups of commercial fishing permits and commercial fishing                                 
     permit holders and to establish limits on the amount of fishing                                
     gear that may be used by certain commercial fishing permit                                     
     holders; and providing for an effective date."                                                 
                                                                                                    
                                                                                                    

2002-01-30                     House Journal                      Page 2101
HB 287                                                                                            
Representative Fate added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 287                                                                             
     "An Act relating to the exemption of commercial fishing entry                                  
     permits from claims of creditors, to loans to satisfy past due                                 
     federal tax obligations of commercial fishing entry permit holders,                            
     and to loan origination charges for loans made by the commercial                               
     fishing loan program to refinance a debt obligation; and providing                             
     for an effective date."                                                                        
                                                                                                    
HB 288                                                                                            
Representative Fate added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 288                                                                             
     "An Act relating to commercial fisheries limited entry permit buy-                             
     back programs."                                                                                
                                                                                                    
                                                                                                    
HB 309                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 309                                                                             
     "An Act relating to the Interstate Compact on Placement of                                     
     Children."                                                                                     
                                                                                                    
HB 320                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 320                                                                             
     "An Act relating to the use of electronic ballots."                                            
                                                                                                    
                                                                                                    
HB 348                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 348                                                                             
     "An Act relating to violations of domestic violence protective                                 
     orders."                                                                                       
                                                                                                    

2002-01-30                     House Journal                      Page 2102
HB 349                                                                                            
Representative Ogan added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 349                                                                             
     "An Act relating to agency programs and financial plans."                                      
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Joint Caucus                Capitol 203-205               5:00 p.m., 1/30                           
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., February 1, 2002.  There being no                                   
objection, the House adjourned at 10:38 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk