Legislature(2001 - 2002)
2002-03-04 House Journal
Full Journal pdf2002-03-04 House Journal Page 2457 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 4, 2002 Fiftieth Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:08 a.m. Roll call showed 37 members present. Representatives Dyson and Whitaker had been previously excused from a call of the House today. Representative Masek was excused from a call of the House because of medical reasons. The invocation was offered by the Reverend Greg Lindsay of Northern Light United Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Respecting one another's spiritual lives, I invite you to spend a few moments in prayer and reflection. Let us pray. Gracious and loving Creator, we thank You for this day and for the opportunities it holds for service. Shape the thoughts of our minds and the passions of our hearts that we might see the way that You see - with eyes fixed on those who have no voice. Focus our attention today on what it means to be a servant. Keep us from spending the most time on the immediate, and help us be creative with what's most important - the care of this great state and its people. May we seek to dissolve our differences. May each voice we hear today be heard with deepest respect. Draw us together on issues of justice, that those with no voice or power might receive the very best that we have to offer today. Help us to care, O God, like You care. Amen. 2002-03-04 House Journal Page 2458 The Pledge of Allegiance was led by Representative Kerttula. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 47th, 48th, and 49th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 1, 2002, was read stating that, in accordance with AS 39.05.080, the Governor submits the following name for legislative confirmation of appointment to the board noted. The Speaker referred the following to the Labor & Commerce Committee: Board of Social Work Examiners Sammye Pokryfki - Wasilla Appointed: 03/01/2002 Term Expires: 03/01/2006 A resume for the appointment is on file in the Chief Clerk's office. MESSAGES FROM THE SENATE HCR 12 A message dated March 1, 2002, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the preservation of employment opportunities for United States longshoremen with respect to unloading and loading of foreign vessels. HCR 12 was referred to the Chief Clerk for enrollment. A message dated March 1, 2002, was read stating the Senate has passed the following and they are transmitted for consideration: 2002-03-04 House Journal Page 2459 FIRST READING AND REFERENCE OF SENATE BILLS SB 206 CS FOR SENATE BILL NO. 206(TRA) by the Senate Transportation Committee, entitled: "An Act relating to registration plates and parking permits for persons with disabilities and to illegal use of parking spaces for persons with disabilities." was read the first time and referred to the State Affairs and Finance Committees. SB 242 SENATE BILL NO. 242 by Senator Taylor, entitled: "An Act relating to concealed handgun permittees." was read the first time and referred to the Judiciary Committee. SB 255 CS FOR SENATE BILL NO. 255(RES) by the Senate Resources Committee, entitled: "An Act approving an exchange of land between the state and Gold Cord Development Corporation; and providing for an effective date." was read the first time and referred to the Resources Committee. SB 260 SENATE BILL NO. 260 by Senator Phillips, entitled: "An Act relating to historic and antique motor vehicles; and providing for an effective date." was read the first time and referred to the Transportation Committee. 2002-03-04 House Journal Page 2460 REPORTS OF STANDING COMMITTEES HB 368 The Resources Committee has considered: 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 368(FSH) (same title) The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (8): Stevens, McGuire, Fate, Chenault, Kapsner, Kerttula, Masek, Scalzi The following fiscal note(s) apply to CSHB 368(FSH): 1. Fiscal, Dept. of Community & Economic Development HB 368 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 - Audrey Breed By Representative Lancaster In Memoriam - Thomas "Skip" Woodford By Representative Lancaster 2002-03-04 House Journal Page 2461 The following citation was introduced and taken up later as a Special Order of Business: Honoring - The People of Yukon Territory, Canada By Senators Wilken, Phillips CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 254 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 254 "An Act relating to the teachers' retirement system, the judicial retirement system, and the public employees' retirement system and to the tax qualification under the Internal Revenue Code of those systems; amending the definition of 'actuarial adjustment' in the teachers' retirement system and the public employees' retirement system; repealing certain provisions of the teachers' retirement system and the public employees' retirement system; and providing for an effective date." with the: Journal Page STA RPT 6DP 2358 FN1: ZERO(ADM) 2358 FIN RPT CS(FIN) NT 10DP 1NR 2430 FN1: ZERO(ADM) 2431 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. 254(FIN) "An Act relating to the teachers' retirement system, the judicial retirement system, and the public employees' retirement system and to the tax qualification under the Internal Revenue Code of those systems; amending the definition of 'actuarial adjustment' in 2002-03-04 House Journal Page 2462 the teachers' retirement system and the public employees' retirement system; repealing certain provisions of the teachers' retirement system and the public employees' retirement system; amending the statutory limitation on payment of warrants to make an exception for warrants making benefit payments or refunds under various state retirement and benefit programs; and providing for an effective date." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSSSHB 254(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSSHB 254(FIN) was read the third time. Representatives Stevens, Bunde, Hudson, and Davies 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 CSSSHB 254(FIN) pass the House?" The roll was taken with the following result: CSSSHB 254(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, 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, Williams, Wilson Excused: Dyson, Masek, Whitaker And so, CSSSHB 254(FIN) passed the House. 2002-03-04 House Journal Page 2463 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. CSSSHB 254(FIN) was referred to the Chief Clerk for engrossment. HB 276 The following was read the second time: HOUSE BILL NO. 276 "An Act relating to nursing, nurses, and nurse aides." with the: Journal Page L&C RPT CS(L&C) NT 5DP 1NR 2359 FN1: ZERO(CED) 2359 HES RPT CS(L&C) NT 7DP 2400 FN1: ZERO(CED) 2401 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. 276(L&C) "An Act relating to temporary permits and licenses by endorsement issued by the Board of Nursing; and relating to the delegation of nursing duties." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 276(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 276(L&C) was read the third time. Representatives Ogan and Wilson 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. 2002-03-04 House Journal Page 2464 The question being: "Shall CSHB 276(L&C) pass the House?" The roll was taken with the following result: CSHB 276(L&C) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, 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, Williams, Wilson Excused: Dyson, Masek, Whitaker And so, CSHB 276(L&C) passed the House and was referred to the Chief Clerk for engrossment. HB 281 The following was read the second time: HOUSE BILL NO. 281 "An Act relating to civil liability for providing alcoholic beverages to a person under 21 years of age; and providing for an effective date." with the: Journal Page L&C RPT 5DP 1NR 2222 FN1: ZERO(H.L&C) 2222 JUD RPT CS(JUD) 3DP 3NR 2379 FN1: ZERO(H.L&C) 2379 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. 281(JUD) (same title) 2002-03-04 House Journal Page 2465 There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 281(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 281(JUD) was read the third time. The question being: "Shall CSHB 281(JUD) pass the House?" The roll was taken with the following result: CSHB 281(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, 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, Williams, Wilson Excused: Dyson, Masek, Whitaker And so, CSHB 281(JUD) 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 281(JUD) was referred to the Chief Clerk for engrossment. HB 306 The following was read the second time: HOUSE BILL NO. 306 "An Act authorizing the Department of Community and Economic Development to issue permits to certain agencies to purchase, possess, and use certain drugs for euthanizing domestic animals." 2002-03-04 House Journal Page 2466 with the: Journal Page L&C RPT CS(L&C) 1DP 5NR 2223 FN1: ZERO(CED) 2223 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. 306(L&C) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 306(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 306(L&C) was read the third time. The question being: "Shall CSHB 306(L&C) pass the House?" The roll was taken with the following result: CSHB 306(L&C) Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Nays: Ogan Excused: Dyson, Masek, Whitaker And so, CSHB 306(L&C) passed the House and was referred to the Chief Clerk for engrossment. 2002-03-04 House Journal Page 2467 SECOND READING OF SENATE RESOLUTIONS SCR 27 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 27 Authorizing a recess by the Senate for a period of more than three days. The question being: "Shall SCR 27 pass the House?" The roll was taken with the following result: SCR 27 Second Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 3 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Nays: Berkowitz, Croft Excused: Dyson, Masek, Whitaker Absent: McGuire And so, SCR 27 passed the House and was returned to the Senate. 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 - Mark R. Hamilton By Representatives Davies, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Whitaker, Williams, Wilson 2002-03-04 House Journal Page 2468 In Memoriam - Daniel A. Brusich By Senator Taylor; 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, 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 Bunde - from 2:00 p.m., March 7 to 9:35 p.m., plane time, March 12, 2002 Representative Chenault - from 1:05 p.m., March 6 to 1:00 p.m., plane time, March 13, 2002 (amended from page 2348) SPECIAL ORDER OF BUSINESS Representative James moved and asked unanimous consent that the citation, Honoring - The People of Yukon Territory, Canada, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - The People of Yukon Territory, Canada By Senators Wilken, Phillips; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson 2002-03-04 House Journal Page 2469 UNFINISHED BUSINESS HJR 33 Representative Hudson added his name as cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 33(MLV) am Expressing gratitude to President George W. Bush, to the President's cabinet, to the men and women of the United States armed forces, and to the United States Congress and declaring support for the war on terrorism and for the President's effort to support democracies and promote peace worldwide. HB 281 Representative Murkowski added her name as cosponsor to: CS FOR HOUSE BILL NO. 281(JUD) "An Act relating to civil liability for providing alcoholic beverages to a person under 21 years of age; and providing for an effective date." HB 306 Representative Foster added his name as cosponsor to: CS FOR HOUSE BILL NO. 306(L&C) "An Act authorizing the Department of Community and Economic Development to issue permits to certain agencies to purchase, possess, and use certain drugs for euthanizing domestic animals." HB 407 Representative James added her name as cosponsor to: HOUSE BILL NO. 407 "An Act relating to the certificate of need program." HB 492 Representative Lancaster added his name as cosponsor to: HOUSE BILL NO. 492 "An Act relating to powers of the Alaska Energy Authority, increasing the maximum amount of loans from the bulk fuel 2002-03-04 House Journal Page 2470 revolving loan fund operated by the authority, and providing immunity for the authority for technical assistance; and providing for an effective date." ENGROSSMENT HB 254 CSSSHB 254(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 276 CSHB 276(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 281 CSHB 281(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 306 CSHB 306(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 320 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:55 a.m., March 4, 2002: HOUSE BILL NO. 320 am "An Act relating to the use of electronic balloting equipment." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 2002-03-04 House Journal Page 2471 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 6, 2002. There being no objection, the House adjourned at 12:01 p.m. Suzi Lowell Chief Clerk