Legislature(2001 - 2002)
2002-03-13 House Journal
Full Journal pdf2002-03-13 House Journal Page 2513 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 13, 2002 Fifty-ninth Day Pursuant to adjournment the House was called to order by Speaker Porter at 2:34 p.m. Roll call showed 34 members present. Representative Fate had been previously excused from a call of the House today. Representatives Halcro, Masek, Mulder, and Ogan were absent and their presence was noted later. Representative James moved and asked unanimous consent that Representative Green's previous excuse (page 2367) be extended to 9:00 p.m. tonight. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Connie Munro of the Juneau Unitarian Universalist Fellowship. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Unitarian Reading for March -Women's History Month by Judy Chicago And Then And all that has divided us will merge And then softness will come to the world that is harsh and unkind And then both men and women will be strong And then no one person will be subject to another's will And then all will be rich and free and varied And then all will share equally in the Earth's abundance And then all will nourish the young And then all will cherish life's creatures And then all will live in harmony with each other and the Earth. 2002-03-13 House Journal Page 2514 And Then - Women in Politics by Connie Munro Alaska's State Representatives Sharon Cissna, Gretchen Guess, Jeannette James, Mary Kapsner, Beth Kerttula, Beverly Masek, Lesil McGuire, Lisa Murkowski, and Peggy Wilson, Empowered women, women of responsibility, Women of decision-making Equal to their male colleagues Together will sustain. The Pledge of Allegiance was led by Representative Croft. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 52nd, 53rd, 54th, 55th, 56th, 57th, and 58th legislative days, House Journal Supplement No. 7, and Senate and House Joint Journal Supplement No. 14 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 320 A message dated March 7, 2002, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 320 am "An Act relating to the use of electronic balloting equipment." Chapter No. 6, SLA 2002 Effective Date: June 5, 2002 2002-03-13 House Journal Page 2515 MESSAGES FROM THE SENATE HB 291 A message dated March 6, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 291(L&C) "An Act relating to the requirements for obtaining a residential contractor endorsement." CSHB 291(L&C) was referred to the Chief Clerk for enrollment. **The presence of Representative Masek was noted. COMMUNICATIONS The following was received: Dept. of Natural Resources Office of the Commissioner Determination to Take Oil and Gas Royalty In-Value March 5, 2002 (as required by AS 38.05.182) REPORTS OF STANDING COMMITTEES HB 208 The Resources Committee has considered: HOUSE BILL NO. 208 "An Act relating to aquatic farming of shellfish; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 208(RES) (same title) 2002-03-13 House Journal Page 2516 The report was signed by Representative Scalzi, Co-chair, with the following individual recommendations: Do pass (6): Stevens, Green, McGuire, Kapsner, Fate, Scalzi The following fiscal note(s) apply to CSHB 208(RES): 1. Zero, Dept. of Environmental Conservation 2. Fiscal, Dept. of Natural Resources 3. Fiscal, Dept. of Fish & Game 4. Fiscal, Dept. of Fish & Game HB 208 was referred to the Finance Committee. **The presence of Representative Ogan was noted. HB 248 The State Affairs Committee has considered: HOUSE BILL NO. 248 "An Act relating to retirement contributions and benefits under the public employees' retirement system of certain juvenile detention employees and juvenile correctional institution employees." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (5): Wilson, Crawford, Stevens, James, Fate No recommendation (1): Coghill The following fiscal note(s) apply: 1. Indeterminate, Dept. of Administration HB 248 was referred to the Finance Committee. HB 287 The Resources Committee has considered: 2002-03-13 House Journal Page 2517 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 287(FSH) "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, to the legal status of limited entry permits, 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." The report was signed by Representative Scalzi, Co-chair, with the following individual recommendations: Do pass (6): Stevens, Green, McGuire, Fate, Kapsner, Scalzi The following fiscal note(s) apply to CSHB 287(FSH): 1. Zero, Dept. of Fish & Game 2. Fiscal, Dept. of Community & Economic Development HB 287 was referred to the Finance Committee. HB 352 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 352 "An Act extending the dates for assignment of performance designations of public schools and the dates for reports and monitoring based on those designations; and providing for an effective date." and recommends it be replaced with: 2002-03-13 House Journal Page 2518 CS FOR HOUSE BILL NO. 352(HES) (same title) The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (4): Coghill, Kohring, Dyson, Stevens Amend (2): Cissna, Joule The following fiscal note(s) apply to CSHB 352(HES): 1. Zero, Dept. of Education & Early Development HB 352 was referred to the Rules Committee for placement on the calendar. HB 390 The Resources Committee has considered: HOUSE BILL NO. 390 "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 Seafood Marketing Institute; relating to the Alaska Seafood Marketing Institute's salmon marketing committee; and providing for an effective date." The report was signed by Representative Scalzi, Co-chair, with the following individual recommendations: Do pass (5): Stevens, Green, McGuire, Fate, Scalzi The following fiscal note(s) apply: 1. Fiscal, Dept. of Community & Economic Development HB 390 was referred to the Finance Committee. 2002-03-13 House Journal Page 2519 **The presence of Representative Halcro was noted. HB 470 The Labor & Commerce Committee has considered: HOUSE BILL NO. 470 "An Act relating to common interest ownership; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 470(L&C) (same title) The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (7): Rokeberg, Meyer, Hayes, Crawford, Kott, Halcro, Murkowski The following fiscal note(s) apply to CSHB 470(L&C): 1. Zero, Dept. of Community & Economic Development HB 470 was referred to the Rules Committee for placement on the calendar. HB 498 The State Affairs Committee has considered: HOUSE BILL NO. 498 "An Act expressing legislative intent regarding privately operated correctional facility space and services; relating to the development and financing of privately operated correctional facility space and services; authorizing the Department of Corrections to enter into an agreement for the confinement and care of prisoners in privately operated correctional facility space; and providing for an effective date." 2002-03-13 House Journal Page 2520 The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (3): Wilson, Stevens, James Do not pass (2): Crawford, Fate No recommendation (1): Coghill The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue 2. Fiscal, Dept. of Corrections HB 498 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 - Lynn Harrison By Representative James In Memoriam - John Francis "Jack" Dinneen By Representative Harris In Memoriam - Vinton "Spike" Edwards By Representative Lancaster In Memoriam - Milton Ronald Schmitz, October 20, 1943 - March 1, 2002 By Senator Taylor 2002-03-13 House Journal Page 2521 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 314 The following was read the second time: HOUSE BILL NO. 314 "An Act relating to service in the peace corps as an allowable absence from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." with the: Journal Page STA RPT CS(STA) NT 6DP 1NR 2432 FN1: ZERO(REV) 2433 FIN REFERRAL WAIVED 2494 **The presence of Representative Mulder was noted. 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. 314(STA) "An Act relating to service in the peace corps as an allowable absence from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 314(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2002-03-13 House Journal Page 2522 CSHB 314(STA) was read the third time. The question being: "Shall CSHB 314(STA) pass the House?" The roll was taken with the following result: CSHB 314(STA) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Excused: Fate, Green Absent: Bunde, Masek, Mulder, Williams And so, CSHB 314(STA) 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 314(STA) was referred to the Chief Clerk for engrossment. HB 374 The following was read the second time: HOUSE BILL NO. 374 "An Act naming the David Douthit Veterans' Memorial Bridge." with the: Journal Page TRA RPT 4DP 1NR 2335 FN1: ZERO(DOT) 2336 2002-03-13 House Journal Page 2523 Representative James moved and asked unanimous consent that HB 374 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 374 was read the third time. The question being: "Shall HB 374 pass the House?" The roll was taken with the following result: HB 374 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Fate, Green Absent: Masek, Mulder And so, HB 374 passed the House and was referred to the Chief Clerk for engrossment. HB 389 The following was read the second time: HOUSE BILL NO. 389 "An Act changing the date of repeal of a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property; and providing for an effective date." with the: Journal Page CRA RPT CS(CRA) NT 7DP 2402 FN1: ZERO(CED) 2403 2002-03-13 House Journal Page 2524 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. 389(CRA) "An Act eliminating the delayed repeal of a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property; and providing for an effective date." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 389(CRA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 389(CRA) was read the third time. The question being: "Shall CSHB 389(CRA) pass the House?" The roll was taken with the following result: CSHB 389(CRA) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Fate, Green Absent: Rokeberg And so, CSHB 389(CRA) 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. 2002-03-13 House Journal Page 2525 CSHB 389(CRA) was referred to the Chief Clerk for engrossment. HB 418 The following was read the second time: HOUSE BILL NO. 418 "An Act amending the Alaska Corporations Code as it relates to delivery of annual reports, notice of shareholders' meetings, proxy statements, and other information to shareholders, and providing for electronic proxy voting." with the: Journal Page L&C RPT CS(L&C) NT 5DP 2NR 2480 FN1: ZERO(CED) 2481 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. 418(L&C) "An Act amending the Alaska Corporations Code as it relates to delivery of annual reports, notice of shareholders' meetings, proxy statements, and other information and items to shareholders, to voting, and to proxies, including electronic proxy voting and proxy signing; and providing for an effective date." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 418(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 418(L&C) was read the third time. The question being: "Shall CSHB 418(L&C) pass the House?" The roll was taken with the following result: 2002-03-13 House Journal Page 2526 CSHB 418(L&C) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Fate, Green And so, CSHB 418(L&C) 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 418(L&C) was referred to the Chief Clerk for engrossment. HB 420 The following was read the second time: HOUSE BILL NO. 420 "An Act relating to the use of water; and providing for an effective date." with the: Journal Page RES RPT 6DP 1NR 2363 FN1: ZERO(DNR) 2391 Amendment No. 1 (title amendment) was offered by Representative Kott: Page 1, line 1, following "An Act": Insert "repealing certain sunset provisions" 2002-03-13 House Journal Page 2527 Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title follows: HOUSE BILL NO. 420(title am) "An Act repealing certain sunset provisions relating to the use of water; and providing for an effective date." Representative James moved and asked unanimous consent that HB 420(title am) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that HB 420(title am) will be in third reading on the March 15, 2002, calendar. LEGISLATIVE CITATIONS Representative James moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - University of Alaska Anchorage, School of Nursing By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams 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 7:05 a.m., March 23 to 10:04 a.m., plane time, March 25; and from 6:59 p.m., March 28 to 10:04 a.m., plane time, April 1, 2002 2002-03-13 House Journal Page 2528 Representative Fate - from 5:00 p.m., March 28 to 10:00 p.m., plane time, March 31, 2002 Representative Foster - from 6:00 a.m., April 9 to 10:00 p.m., plane time, April 14, 2002 Representative Green - from 7:19 a.m., April 5 to 10:00 a.m., plane time, April 8, 2002 Representative Porter - from 1:50 p.m., March 28 to 10:04 a.m., plane time, April 1, 2002 Representative Dyson - from 6:30 p.m., March 14 to 10:04 a.m., plane time, March 17, 2002 (amended page 2390) Representative Rokeberg - from 6:00 a.m., March 28 to 10:04 a.m., plane time, April 2, 2002 (amended page 2292) HJR 45 Representatives Kapsner and Hayes added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 45 Relating to the labeling of salmon food products. HB 208 Representative Green added his name as cosponsor to: HOUSE BILL NO. 208 "An Act relating to aquatic farming of shellfish; and providing for an effective date." HB 248 Representative Hudson added his name as cosponsor to: HOUSE BILL NO. 248 "An Act relating to retirement contributions and benefits under the public employees' retirement system of certain juvenile detention employees and juvenile correctional institution employees." 2002-03-13 House Journal Page 2529 HB 275 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 275 "An Act relating to the use of broadcasting to promote charitable gaming activities." HB 314 Representatives Dyson, Crawford, James, Murkowski, and Hayes added their names as cosponsors to: CS FOR HOUSE BILL NO. 314(STA) "An Act relating to service in the peace corps as an allowable absence from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date." HB 374 Representatives Dyson, James, and Bunde added their names as cosponsors to: HOUSE BILL NO. 374 "An Act naming the David Douthit Veterans' Memorial Bridge." HB 389 Representatives Crawford, Davies, and James added their names as cosponsors to: CS FOR HOUSE BILL NO. 389(CRA) "An Act eliminating the delayed repeal of a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property; and providing for an effective date." 2002-03-13 House Journal Page 2530 HB 407 Representative Scalzi added his name as cosponsor to: HOUSE BILL NO. 407 "An Act relating to the certificate of need program." HB 448 Representative Morgan added his name as cosponsor to: HOUSE BILL NO. 448 "An Act relating to establishing a data base of residential telephone customers who do not wish to receive telephone solicitations, providing that the data base be compiled at no cost to the customers, requiring telephone solicitors to purchase the data base, and requiring paid solicitors to register; and providing for an effective date." HB 454 Representative Kapsner added her name as cosponsor to: HOUSE BILL NO. 454 "An Act repealing a prohibition against classified state employees participating in management of political parties." HB 464 Representatives Coghill, Kohring, Green, and Foster added their names as cosponsors to: HOUSE BILL NO. 464 "An Act relating to statewide school district correspondence study programs." ENGROSSMENT HB 314 CSHB 314(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-03-13 House Journal Page 2531 HB 374 HB 374 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 389 CSHB 389(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 418 CSHB 418(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. 2002 Legislative Financial Disclosure Statements (pursuant to AS 24.60.210) due to APOC: 3/15 The following meeting today has been changed as indicated: Labor & Commerce Committee CHANGED TO: 3:45 p.m., 3/13 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 15, 2002. There being no objection, the House adjourned at 3:29 p.m. Suzi Lowell Chief Clerk