Legislature(2001 - 2002)
2002-02-08 House Journal
Full Journal pdf2002-02-08 House Journal Page 2175 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 8, 2002 Twenty-sixth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:02 a.m. Roll call showed 35 members present. Representatives Berkowitz, Green, and Kerttula had been previously excused from a call of the House today. Representative Rokeberg was absent and his presence was noted later. Representative James moved and asked unanimous consent that Representative Kapsner be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Reverend George Walter of St. Brendan's Episcopal Church. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty God our heavenly Father, send down upon those who hold office in this House the spirit of wisdom, charity, and justice; that with steadfast purpose they may faithfully serve in their office to promote the well-being of all people; through Jesus Christ our Lord. Amen. The Pledge of Allegiance was led by Representative Harris. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 24th and 25th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 2002-02-08 House Journal Page 2176 COMMUNICATIONS The following were received: Dept. of Fish & Game Office of the Commissioner Status of Brown Bears and Other Natural Resources in the McNeil River State Game Sanctuary and Refuge in 2001 Annual Report, January 2002 (as required by AS 16.20.041 and AS 16.20.160) Dept. of Health & Social Services Division of Alcoholism and Drug Abuse State of Alaska Directory of Approved Alcoholism and Drug Abuse Programs January 2002 Dept. of Law Dept. of Public Safety State Enforcement Activities Related to Charitable Gaming (as required by AS 05.15.090) REPORTS OF STANDING COMMITTEES HJR 25 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 25 Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions. The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (5): Wilson, Stevens, James, Fate, Coghill 2002-02-08 House Journal Page 2177 Do not pass (2): Crawford, Hayes The following fiscal note(s) apply: 1. Fiscal, Office of the Governor HJR 25 was referred to the Judiciary Committee. HB 56 The Labor & Commerce Committee has considered: HOUSE BILL NO. 56 "An Act relating to minimum wages." and recommends it be replaced with: CS FOR HOUSE BILL NO. 56(L&C) "An Act relating to minimum wages; and providing for an effective date." The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (1): Kott Do not pass (1): Rokeberg No recommendation (5): Halcro, Crawford, Hayes, Meyer, Murkowski The following fiscal note(s) apply to CSHB 56(L&C): 1. Zero, Dept. of Administration/All Depts. 2. Fiscal, Dept. of Health & Social Services HB 56 was referred to the Finance Committee. HB 131 The Resources Committee has considered: 2002-02-08 House Journal Page 2178 HOUSE BILL NO. 131 "An Act relating to standards for forest resources and practices; and providing for an effective date." The report was signed by Representative Masek, Co-chair, with the following individual recommendations: Do pass (7): Chenault, Kerttula, Fate, McGuire, Kapsner, Stevens, Masek The following fiscal note(s) apply: 2. Zero, Dept. of Natural Resources HB 131 was referred to the Rules Committee for placement on the calendar. HB 213 The State Affairs Committee has considered: HOUSE BILL NO. 213 "An Act relating to initiative and referendum petitions; and providing for an effective date." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (5): Wilson, Stevens, James, Fate, Coghill Do not pass (1): Crawford No recommendation (1): Hayes The following fiscal note(s) apply: 1. Zero, Office of the Governor HB 213 was referred to the Judiciary Committee. 2002-02-08 House Journal Page 2179 HB 297 The Judiciary Committee has considered: HOUSE BILL NO. 297 "An Act related to aggravating factors at sentencing." and recommends it be replaced with: CS FOR HOUSE BILL NO. 297(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Meyer, Coghill, Ogan, Rokeberg The following fiscal note(s) apply to CSHB 297(JUD): 1. Zero, Dept. of Law 2. Indeterminate, Dept. of Administration 3. Indeterminate, Dept. of Corrections HB 297 was referred to the Finance Committee. HB 362 The Judiciary Committee has considered: HOUSE BILL NO. 362 "An Act extending the termination date of the Board of Governors of the Alaska Bar Association." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Meyer, Coghill, Rokeberg No recommendation (1): Ogan 2002-02-08 House Journal Page 2180 The following fiscal note(s) apply: 1. Zero, Alaska Court System HB 362 was referred to the Finance Committee. SJR 23 The Judiciary Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 23(FIN) am Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit and a spending limit. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 23(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Meyer, Coghill, Ogan, James, Rokeberg The following fiscal note(s) apply to HCS CSSJR 23(JUD): 2. Fiscal, Office of the Governor CSSJR 23(FIN) am was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 211 The House Special Committee on Education has considered: HOUSE BILL NO. 211 "An Act requiring an annual inflation adjustment of the base student allocation used in the formula for state funding of public education; and providing for an effective date." 2002-02-08 House Journal Page 2181 and recommends it be replaced with: CS FOR HOUSE BILL NO. 211(EDU) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (4): Wilson, Guess, Stevens, Joule No recommendation (2): Porter, Bunde The following fiscal note(s) apply to CSHB 211(EDU): 1. Fiscal, Dept. of Education & Early Development HB 211 was referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 37 HOUSE JOINT RESOLUTION NO. 37 by Representative Kott: Congratulating Alaska Airlines on its 70th Anniversary. was read the first time and referred to the Rules Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 390 HOUSE BILL NO. 390 by Representative McGuire, entitled: "An Act extending the termination dates of certain activities and salmon marketing programs of the Alaska Seafood Marketing Institute and of the salmon marketing tax; expanding the allowable use of that tax for the salmon marketing programs of the Alaska 2002-02-08 House Journal Page 2182 Seafood Marketing Institute; relating to the Alaska Seafood Marketing Institute's salmon marketing committee; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. HB 391 HOUSE BILL NO. 391 by the House Rules Committee by request of the Legislative Budget & Audit Committee, entitled: "An Act extending the termination date of the Board of Dispensing Opticians; relating to the regulation of dispensing opticians; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 392 HOUSE BILL NO. 392 by Representative Harris, entitled: "An Act relating to the use and appropriation of water." was read the first time and referred to the Resources Committee. HB 393 HOUSE BILL NO. 393 by Representative Stevens, entitled: "An Act relating to unfair and deceptive trade practices and to the sale of business opportunities; amending Rules 4 and 73, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. 2002-02-08 House Journal Page 2183 HB 394 HOUSE BILL NO. 394 by Representative Rokeberg, entitled: "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. HB 395 HOUSE BILL NO. 395 by Representative Crawford, entitled: "An Act prohibiting discrimination by credit rating or credit scoring in insurance rates; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 396 HOUSE BILL NO. 396 by the House Judiciary Committee by request, entitled: "An Act relating to a surcharge on certain offenses for law enforcement equipment." was read the first time and referred to the Judiciary and Finance Committees. HB 397 HOUSE BILL NO. 397 by the House Transportation Committee, entitled: "An Act exempting a person driving a snowmobile from driver licensing requirements." was read the first time and referred to the Transportation and State Affairs Committees. 2002-02-08 House Journal Page 2184 HB 398 HOUSE BILL NO. 398 by Representatives Scalzi and Mulder, entitled: "An Act relating to disposition of income of the Alaska permanent fund; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 298 The following was read the second time: HOUSE BILL NO. 298 "An Act relating to legislative approval of certain land leases by the Alaska Railroad Corporation." with the: Journal Page TRA RPT CS(TRA) NT 6DP 2110 FN1: ZERO(CED) 2110 L&C RPT CS(L&C) NT 6DP 2162 FN1: ZERO(CED) 2163 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 298(L&C) "An Act relating to authorizing the Alaska Railroad Corporation to lease land for a period of up to 55 years." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 298(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2002-02-08 House Journal Page 2185 CSHB 298(L&C) was read the third time. The question being: "Shall CSHB 298(L&C) pass the House?" The roll was taken with the following result: CSHB 298(L&C) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Berkowitz, Green, Kapsner, Kerttula Absent: Rokeberg And so, CSHB 298(L&C) passed the House and was referred to the Chief Clerk for engrossment. * * * * * Representative Mulder introduced Audra Gentz, Guest Page, from Anchorage. HB 291 The following was read the second time: HOUSE BILL NO. 291 "An Act relating to the requirements for obtaining a residential contractor endorsement." with the: Journal Page L&C RPT CS(L&C) 6DP 2162 FN1: ZERO(CED) 2162 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2002-02-08 House Journal Page 2186 CS FOR HOUSE BILL NO. 291(L&C) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 291(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 291(L&C) was read the third time. **The presence of Representative Rokeberg was noted. The question being: "Shall CSHB 291(L&C) pass the House?" The roll was taken with the following result: CSHB 291(L&C) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Berkowitz, Green, Kapsner, Kerttula Absent: Moses And so, CSHB 291(L&C) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 245 The following, which was advanced to third reading from the February 6, 2002, calendar (page 2166), was read the third time: 2002-02-08 House Journal Page 2187 CS FOR HOUSE BILL NO. 245(L&C) "An Act relating to marital and family therapists." Representative Wilson moved and asked unanimous consent that CSHB 245(L&C) 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 Wilson: Page 4, lines 1 - 6: Delete all material and insert: "(6) a disclosure revealing a communication about an act that the licensee has reasonable cause to suspect constitutes unlawful or unethical conduct that would be grounds for imposition of disciplinary sanctions by a person licensed to provide health or mental health services, if the disclosure is made only to the licensing board with jurisdiction over the person who allegedly committed the act, and the disclosure is made in good faith." Page 5, line 20, following "rate;": Insert "(5) a description of the exception to confidentiality contained in AS 08.63.200 (a)(6); and" Renumber the following paragraph accordingly. Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Dyson moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Dyson was required to vote. The question being: "Shall CSHB 245(L&C) am pass the House?" The roll was taken with the following result: 2002-02-08 House Journal Page 2188 CSHB 245(L&C) am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Berkowitz, Green, Kapsner, Kerttula Absent: Moses And so, CSHB 245(L&C) am passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 30 The following was read the second time: 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. with the: Journal Page STA RPT 5DP 1NR 2025 FN1: ZERO(H.STA/LAA) 2026 JUD RPT 4DP 2137 FN1: ZERO(H.STA/LAA) 2138 Representative James moved and asked unanimous consent that HJR 30 be considered engrossed, advanced to third reading, and placed on final passage. Representative Joule objected. 2002-02-08 House Journal Page 2189 The Speaker stated that HJR 30 will be in third reading on the February 11, 2002, calendar. 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 Coghill - from 7:19 a.m., March 23 to 6:16 p.m., plane time, March 28, 2002 Representative Crawford - from 7:00 a.m., February 9 to 7:00 p.m., February 11, 2002 Representative Davies - from 2:00 p.m., February 10 to 10:00 a.m., plane time, February 19, 2002 Representative Fate - from 4:00 p.m., February 15 to 10:00 a.m., plane time, February 19, 2002 Representative Hayes - from 2:05 p.m., February 21 to 7:59 p.m., plane time, February 24, 2002 Representative Joule - from 10:00 a.m., March 8 to 10:00 a.m., plane time, March 13, 2002 Representative Kott - from 7:00 a.m., February 16 to 9:30 p.m., plane time, February 17; from 7:00 a.m., February 23 to 9:30 p.m., plane time, February 24; from 1:50 p.m., March 7 to 9:30 p.m., plane time, March 12; from 7:00 a.m., March 16 to 9:30 p.m., plane time, March 17; and from 7:00 a.m., April 13 to 9:30 p.m., plane time, April 14, 2002 Representative Masek - from 5:00 p.m., March 6 to 9:35 p.m., plane time, March 12, 2002 Representative McGuire - from 2:05 p.m., February 15 to 10:04 a.m., plane time, February 19, 2002 2002-02-08 House Journal Page 2190 Representative Meyer - from 8:00 a.m., March 8 to 5:00 p.m., plane time, March 11, 2002 Representative Mulder - from 6:00 a.m., February 15 to 10:00 p.m., plane time, February 16, 2002 Representative Ogan - from 7:00 p.m., March 6 to noon, flight time, March 13, 2002 Representative Stevens - from 1:50 p.m., February 14 to 1:05 p.m., plane time, February 18; from 1:50 p.m., March 7 to 9:36 p.m., plane time, March 12; and from 1:05 p.m., April 4 to 9:36 p.m., plane time, April 7, 2002 Representative Williams - from 2:20 p.m., February 15 to 1:20 p.m., plane time, February 19, 2002 HCR 20 Representative Foster added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 20 Relating to declaring September 11, 2002, as Emergency Service Providers and Armed Forces Appreciation Day. HJR 30 Representative Foster added his name as cosponsor to: 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. HJR 33 Representative Foster added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 33 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. 2002-02-08 House Journal Page 2191 HB 20 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 20 "An Act relating to state aid to municipalities and certain other recipients, and for the village public safety officer program; relating to municipal dividends; relating to the public safety foundation program; and providing for an effective date." HB 283 Representative Wilson added her 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 Wilson added her 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 291 Representative Croft added his name as cosponsor to: CS FOR HOUSE BILL NO. 291(L&C) "An Act relating to the requirements for obtaining a residential contractor endorsement." HB 298 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 298(L&C) "An Act relating to authorizing the Alaska Railroad Corporation to lease land for a period of up to 55 years." HB 320 Representatives Croft and Kott added their names as cosponsors to: 2002-02-08 House Journal Page 2192 HOUSE BILL NO. 320 "An Act relating to the use of electronic ballots." HB 366 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 366 "An Act relating to assisted living homes; and providing for an effective date." HB 368 Representative Wilson added her name as cosponsor to: HOUSE BILL NO. 368 "An Act authorizing the commissioner of community and economic development to refinance and extend the term of a fishery enhancement loan." ENGROSSMENT HJR 17 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE JOINT RESOLUTION NO. 17 am Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system. HB 245 CSHB 245(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 291 CSHB 291(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-02-08 House Journal Page 2193 HB 298 CSHB 298(L&C) 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 11:00 a.m., February 11, 2002. There being no objection, the House adjourned at 10:46 a.m. Suzi Lowell Chief Clerk