Legislature(2001 - 2002)

2002-03-25 House Journal

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2002-03-25                     House Journal                      Page 2663
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                   Monday                March 25, 2002                             
                                                                                                    
                           Seventy-first Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 11:07 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representative Ogan had been                                  
previously excused from a call of the House today.  Representatives                                 
Kapsner, Masek, and Mulder were absent and their presence was noted                                 
later.                                                                                              
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Kookesh be excused from a call of the House until                                    
5:00 p.m. today.  There being no objection, it was so ordered.                                      
                                                                                                    
The invocation was offered by the Reverend Kathleen Wakefield of                                    
the Church of the Holy Trinity.  Representative Davies moved and                                    
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    Loving God, You are in the midst of us.  When we are tired,                                     
    lead us to rest.  When we are filled with doubt, give us faith.                                 
    When we need renewal, fill us with the Spirit's fire.  When                                     
    our patience wears thin, help us stay in relationship.  When                                    
    we need healing, grant us peace and wholeness. We pray                                          
    especially for Representative Ogan and his family at this time.                                 
    Help us look beyond ourselves and reach out to those in need,                                   
    whether they stand by us or a world away.  In all that we are,                                  
    all that we do, and all that we say, help us claim the promise                                  
    of your presence and lift our common voice to You in praise                                     
    and thanksgiving.  Amen.                                                                        
                                                                                                    
    (Adapted from a prayer by the Reverend Elizabeth T. Wade in                                     
    Women's Uncommon Prayers)                                                                       

2002-03-25                     House Journal                      Page 2664
The Pledge of Allegiance was led by Representative Lancaster.                                       
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 68th, 69th, and 70th legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Murkowski introduced her sons, Matt and Nic Martell,                                 
Rosalie Abbott, and Alena Gerlek, Guest Pages, from Anchorage.                                      
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated March 22, 2002, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 41                                                                                            
SENATE JOINT RESOLUTION NO. 41 by the Senate Transportation                                         
Committee:                                                                                          
                                                                                                    
      Relating to reconstruction and paving of the Alaska Highway.                                 
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                                                                                                    
**The presence of Representatives Kapsner and Masek was noted.                                      
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 20                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    

2002-03-25                     House Journal                      Page 2665
    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."                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 20(FIN)                                                                   
    "An Act relating to organization grants to cities, to state aid to                              
    unincorporated communities, and to municipal dividends; and                                     
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (9):  Bunde, Whitaker, Harris, Lancaster, Hudson, Moses,                                    
Foster, Mulder, Williams                                                                            
                                                                                                    
Amend (2):  Croft, Davies                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 20(FIN):                                                 
                                                                                                    
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
HB 20 is on today's calendar.                                                                       
                                                                                                    
HB 462                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 462                                                                              
    "An Act relating to the release of certain confidential records and                             
    reports concerning fishing, fish buying, or fish processing; and                                
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 462(RES)                                                                  
    (same title)                                                                                    
                                                                                                    

2002-03-25                     House Journal                      Page 2666
The report was signed by Representative Masek, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Kapsner, Chenault, Kerttula, Stevens, McGuire, Green,                                 
Masek                                                                                               
                                                                                                    
No recommendation (1):  Fate                                                                        
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 462(RES):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 462 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SJR 24                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 24(RLS)                                                      
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to the budget reserve fund.                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                                 
    24(JUD)                                                                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Meyer, Rokeberg                                                                       
                                                                                                    
Do not pass (3):  Berkowitz, James, Kookesh                                                         
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    

2002-03-25                     House Journal                      Page 2667
The following fiscal note(s) apply to HCS CSSJR 24(JUD):                                            
                                                                                                    
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
                                                                                                    
CSSJR 24(RLS) was referred to the Finance Committee.                                                
                                                                                                    
                                                                                                    
SB 255                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 255(RES)                                                                 
    "An Act approving an exchange of land between the state and                                     
    Gold Cord Development Corporation; and providing for an                                         
    effective date."                                                                                
                                                                                                    
                                                                                                    
The report was signed by Representative Masek, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Stevens, McGuire, Green, Fate, Chenault, Kapsner,                                     
Kerttula, Masek                                                                                     
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
CSSB 255(RES) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - "Captain" James "Jim" B. Denegree                                                     
By Representative Fate                                                                              
                                                                                                    

2002-03-25                     House Journal                      Page 2668
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 178                                                                                            
3d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 178 by                                                     
Representatives Fate, Coghill, and Dyson, entitled:                                                 
                                                                                                    
                                                                                                    
    "An Act relating to the powers and duties of the commissioner of                                
    fish and game, the Department of Fish and Game, and the Board                                   
    of Game, to taking and use of certain game animals, and to                                      
    consideration of the budget of the Department of Fish and Game                                  
    by the legislature; and providing for an effective date."                                       
                                                                                                    
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 20                                                                                             
The Speaker stated that, without objection, the following would be                                  
returned to the Rules Committee:                                                                    
                                                                                                    
                                                                                                    
    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 355                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 355                                                                              
    "An Act relating to the taxation of mobile telecommunications                                   
   services by municipalities; and providing for an effective date."                               
                                                                                                    

2002-03-25                     House Journal                      Page 2669
with the:                                                  Journal Page                             
                                                                                                    
 CRA RPT CS(CRA) 5DP 1NR                                           2544                             
 FN1: ZERO(REV)                                                    2544                             
 L&C RPT CS(CRA) 5DP                                               2601                             
 FN1: ZERO(REV)                                                    2601                             
                                                                                                    
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. 355(CRA)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
355(CRA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 355(CRA) was read the third time.                                                              
                                                                                                    
**The presence of Representative Mulder was noted.                                                  
                                                                                                    
Representative Guess moved and asked unanimous consent that she be                                  
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Guess was required to vote.                                           
                                                                                                    
The question being:  "Shall CSHB 355(CRA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
CSHB 355(CRA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek,                                    
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    

2002-03-25                     House Journal                      Page 2670
Excused:  Kookesh, Ogan                                                                             
                                                                                                    
Absent:  Kohring                                                                                    
                                                                                                    
And so, CSHB 355(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.                                
                                                                                                    
CSHB 355(CRA) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 45                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 45                                                                   
    Relating to the labeling of salmon food products.                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT 5DP                                                       2483                             
 FN1: ZERO(H.FSH)                                                  2483                             
 L&C RPT 7DP                                                       2540                             
 FN1: ZERO(H.FSH)                                                  2541                             
                                                                                                    
Representative James moved and asked unanimous consent that                                         
HJR 45 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HJR 45 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HJR 45 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HJR 45                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    

2002-03-25                     House Journal                      Page 2671
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek,                                    
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Kookesh, Ogan                                                                             
                                                                                                    
Absent:  Kohring                                                                                    
                                                                                                    
And so, HJR 45 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SCR 23                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE CONCURRENT RESOLUTION NO. 23                                                             
    Relating to declaring April 6, 2002, as Alaska Tartan Day.                                      
                                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT 6DP                                                       2640                             
 FN1: ZERO(S.STA)                                                  2641                             
                                                                                                    
The question being:  "Shall SCR 23 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 23                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek,                                    
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    

2002-03-25                     House Journal                      Page 2672
Excused:  Kookesh, Ogan                                                                             
                                                                                                    
Absent:  Kohring                                                                                    
                                                                                                    
And so, SCR 23 passed the House.                                                                    
                                                                                                    
Without objection, reconsideration of SCR 23 was taken up on the                                    
same day.                                                                                           
                                                                                                    
SCR 23 was again before the House in second reading.                                                
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 11, following "Day":                                                                   
 Insert "and that this resolution is effective immediately"                                         
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall SCR 23 am H pass the House?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SCR 23 am H - RECONSIDERATION                                                                       
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek,                                    
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Kookesh, Ogan                                                                             
                                                                                                    
Absent:  Kohring                                                                                    
                                                                                                    
And so, SCR 23 am H passed the House on reconsideration and was                                     
referred to the Chief Clerk for engrossment.                                                        

2002-03-25                     House Journal                      Page 2673
                         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 - Joseph M. Tompkins                                                                       
By Representatives Hudson, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes,                               
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek,                                   
McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, 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 Hayes - from 7:09 a.m., March 28 to 9:30 p.m., plane                                 
time, March 31, 2002                                                                                
                                                                                                    
Representative McGuire - from 2:05 p.m., April 3 to 10:04 a.m., plane                               
time, April 8, 2002                                                                                 
                                                                                                    
Representative Fate - from 5:00 p.m., March 28 to 10:00 p.m., plane                                 
time, April 1, 2002 (amended from page 2528)                                                        
                                                                                                    
                                                                                                    
HJR 33                                                                                            
Representative Scalzi 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.                                                
                                                                                                    

2002-03-25                     House Journal                      Page 2674
HJR 45                                                                                            
Representatives Rokeberg, Harris, and James added their names as                                    
cosponsors to:                                                                                      
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 45                                                                   
    Relating to the labeling of salmon food products.                                               
                                                                                                    
HB 175                                                                                            
Representative Mulder added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 175                                                                              
    "An Act making an appropriation to the Alaska Industrial                                        
    Development and Export Authority for power projects; and                                        
    providing for an effective date."                                                               
                                                                                                    
HB 248                                                                                            
Representative Davies 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."                                     
                                                                                                    
HB 409                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 409                                                                              
    "An Act rejecting the use of daylight saving time."                                             
                                                                                                    
HB 448                                                                                            
Representative Halcro 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."                                                                                
                                                                                                    

2002-03-25                     House Journal                      Page 2675
                              ENGROSSMENT                                                        
                                                                                                    
HJR 45                                                                                            
HJR 45 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 355                                                                                            
CSHB 355(CRA) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SCR 23                                                                                            
SCR 23 am H 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.                                 
                                                                                                    
Majority Caucus          Speaker's Chamber               5:00 p.m., 3/25                            
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., March 26, 2002.  There being no                                     
objection, the House adjourned at 11:52 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk