Legislature(2001 - 2002)
2002-04-03 House Journal
Full Journal pdf2002-04-03 House Journal Page 2769 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 3, 2002 Eightieth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:05 a.m. Roll call showed 30 members present. Representatives Kookesh, Ogan, and Stevens had been previously excused from a call of the House today. Representatives Halcro, Kott, Masek, Moses, Mulder, Rokeberg, and Williams were absent and their presence was noted later. The invocation was offered by the Reverend Tom Moffatt of St. Nicholas Russian Orthodox Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Let us pray to the Lord. Lord, have mercy. We ask this day that You remember and have mercy on the soul of the newly departed Edgar Paul Boyko. We thank You, O Master, Lover of mankind, King of the ages, and Bestower of good things, Who destroys hatred and grants peace to the human race, and Who can grant peace to Your servants. Instill in them the fear of You and confirm them in love - one for the other. Extinguish every dispute and banish all temptation to anger. For You are our peace and to You we ascribe glory: to the Father, and to the Son, and to the Holy Spirit, now and ever and unto ages of ages. Amen. 2002-04-03 House Journal Page 2770 The Pledge of Allegiance was led by Representative Scalzi. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 79th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated April 2, 2002, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 270 CS FOR SENATE BILL NO. 270(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act extending the termination date of the Board of Dispensing Opticians; relating to the regulation of dispensing opticians; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. SB 279 CS FOR SENATE BILL NO. 279(FIN) by the Senate Finance Committee, entitled: "An Act authorizing the commissioner of fish and game to issue complimentary sport fishing licenses and tags to September 11 emergency responders and their spouses; and providing for an effective date." was read the first time and referred to the Finance Committee. 2002-04-03 House Journal Page 2771 SB 299 CS FOR SENATE BILL NO. 299(FIN) by the Senate Finance Committee, entitled: "An Act relating to the establishment of an additional southcentral panel to the Alaska Workers' Compensation Board and to appointments to that panel; and providing for an effective date." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of: Sally Rue Board of Education and Early Development and recommends the following: Confirm (2): Wilson, Cissna No recommendation (3): Kohring, Coghill, Dyson Vickie L. McCubbin Professional Teaching Practices Commission and recommends the following: Confirm (3): Dyson, Wilson, Cissna No recommendation (2): Kohring, Coghill Dr. Donna Peterson Professional Teaching Practices Commission and recommends the following: 2002-04-03 House Journal Page 2772 Confirm (2): Wilson, Cissna No recommendation (3): Kohring, Coghill, Dyson The reports were signed by Representative Dyson, Chair. **The presence of Representatives Kott and Williams was noted. HB 160 The Finance Committee has considered: HOUSE BILL NO. 160 "An Act requiring the reporting of induced terminations of pregnancies." and recommends it be replaced with: CS FOR HOUSE BILL NO. 160(JUD) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Whitaker, Lancaster, Mulder, Williams No recommendation (3): Bunde, Davies, Hudson The following fiscal note(s) apply to CSHB 160(JUD): 3. Fiscal, Dept. of Health & Social Services HB 160 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Moses and Masek was noted. HB 208 The Finance Committee has considered: 2002-04-03 House Journal Page 2773 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) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Whitaker, Harris, Davies, Lancaster, Hudson, Mulder, Williams The following fiscal note(s) apply to CSHB 208(RES): 2. Fiscal, Dept. of Natural Resources 3. Fiscal, Dept. of Fish & Game 4. Fiscal, Dept. of Fish & Game HB 208 was referred to the Rules Committee for placement on the calendar. HB 315 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 315 "An Act allowing employers that are small businesses, small nonprofit organizations, or small associations for insurance purposes to join state employee insurance coverage as a group; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 315(STA) "An Act allowing employers that are small businesses, small nonprofit organizations, small special services organizations, or 2002-04-03 House Journal Page 2774 small associations for insurance purposes to join state employee insurance coverage as a group; and providing for an effective date." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (5): Wilson, Crawford, Stevens, Fate, Hayes No recommendation (2): James, Coghill The following fiscal note(s) apply to CSSSHB 315(STA): 1. Fiscal, Dept. of Administration SSHB 315 was referred to the Labor and Commerce Committee. HB 344 The Finance Committee has considered: HOUSE BILL NO. 344 "An Act increasing fees for driver's licenses, instruction permits, and identification cards; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 344(STA) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Bunde, Whitaker, Harris, Davies, Lancaster, Mulder, Williams The following fiscal note(s) apply to CSHB 344(STA): 1. Fiscal, Dept. of Administration 2002-04-03 House Journal Page 2775 HB 344 was referred to the Rules Committee for placement on the calendar. HB 438 The State Affairs Committee has considered: HOUSE BILL NO. 438 "An Act relating to motor vehicle registration plates for disabled veterans; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 438(STA) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (5): Wilson, Stevens, James, Fate, Coghill The following fiscal note(s) apply to CSHB 438(STA): 2. Zero, House State Affairs Committee/Dept. of Administration HB 438 was referred to the Finance Committee. HB 443 The Labor and Commerce Committee has considered: HOUSE BILL NO. 443 "An Act retroactively extending the application and licensing deadlines and amending the effective date of certain provisions relating to regulation of persons who practice tattooing and permanent cosmetic coloring or body piercing; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 443(L&C) (same title) 2002-04-03 House Journal Page 2776 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 443(L&C): 1. Fiscal, Dept. of Environmental Conservation HB 443 was referred to the Rules Committee for placement on the calendar. HB 455 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 455 "An Act relating to the assessment of farm or agricultural land for purposes of municipal taxation; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 455(CRA) "An Act relating to the assessment of certain agricultural land for purposes of municipal taxation; and providing for an effective date." The report was signed by Representatives Morgan and Meyer, Co- chairs, with the following individual recommendations: Do pass (5): Scalzi, Murkowski, Meyer, Kerttula, Morgan The following fiscal note(s) apply to CSHB 455(CRA): 1. Zero, Dept. of Natural Resources HB 455 was referred to the Rules Committee for placement on the calendar. 2002-04-03 House Journal Page 2777 HB 510 The Transportation Committee has considered: HOUSE BILL NO. 510 "An Act relating to the regulation of commercial motor vehicles to avoid loss or withholding of federal highway money, and to out- of-service orders concerning commercial motor vehicles; amending Rule 43.1, Alaska Rules of Administration; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (4): Masek, Scalzi, Wilson, Kohring The following fiscal note(s) apply: 1. Zero, Department of Transportation and Public Facilities HB 510 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Military & Veterans' Affairs has reviewed the qualifications of: Colonel Gene Ramsay - Kulis ANG Base Alaska Air National Guard - Brigadier General Colonel Jim Robinson - Fort Richardson Alaska Air National Guard - Brigadier General Colonel Tim Scott - Eielson Air Force Base Alaska Air National Guard - Brigadier General Colonel Jim Welch - Anchorage Space and Missile Defense - Brigadier General and recommends the following: 2002-04-03 House Journal Page 2778 Confirm (5): Masek, Green, Murkowski, Hayes, Chenault The reports were signed by Representative Chenault, Chair. **The presence of Representative Halcro was noted. SB 11 The House Special Committee on Education has considered: CS FOR SENATE BILL NO. 11(FIN) "An Act relating to required school attendance; and providing for an effective date." The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (4): Guess, Porter, Wilson, Bunde No recommendation (1): Green The following fiscal note(s) apply: 2. Zero, Dept. of Education & Early Development CSSB 11(FIN) was referred to the Health, Education and Social Services Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Commemorating - National Be Kind To Animals Week, May 5 - 11, 2002 By Representative Meyer Honoring - William T. Cotton By Representative Berkowitz 2002-04-03 House Journal Page 2779 Honoring - Allen "Sandy" Sanderson By Representative Meyer Honoring - The Service High Rifle Club By Representative Meyer Honoring - William Jardel By Senator Green Honoring - East Anchorage High School Girls 2002 Class 4-A State Basketball Champions By Senator Davis Honoring - Kevin P. Baker By Senator Davis Honoring - Barnard Jacob "Barney" Gottstein By Senator Davis In Memoriam - Margaret Dube By Representative Berkowitz In Memoriam - David Dolese By Representative Berkowitz The following citation was introduced and taken up later as a Special Order of Business: Honoring - Brigadier General Douglas M. Fraser By Senator Leman CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 332 The following was read the second time: 2002-04-03 House Journal Page 2780 HOUSE BILL NO. 332 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) NT 6NR 2225 FN1: (DPS); FN2: (DPS); FN3: (DPS) 2226 FIN RPT CS(FIN) NT 6DP 1NR 2736 FN1: (DPS); FN2: (DPS); FN3: (DPS) 2736 **The presence of Representative Rokeberg 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. 332(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; relating to the council's duties; placing the executive director and staff of the council in the exempt service; and providing for an effective date." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 332(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 332(FIN) was read the third time. The question being: "Shall CSHB 332(FIN) pass the House?" The roll was taken with the following result: CSHB 332(FIN) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 2002-04-03 House Journal Page 2781 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Whitaker, Williams, Wilson Excused: Kookesh, Ogan, Stevens Absent: Mulder And so, CSHB 332(FIN) 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 332(FIN) was referred to the Chief Clerk for engrossment. HB 390 The following was read the second time: 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." with the: Journal Page FSH RPT 6DP 2405 FN1: (CED) 2405 RES RPT 5DP 2518 FN1: (CED) 2518 FIN RPT 7DP 1NR 2750 FN1: (CED) 2751 2002-04-03 House Journal Page 2782 Representative James moved and asked unanimous consent that HB 390 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 390 was read the third time. **The presence of Representative Mulder was noted. The question being: "Shall HB 390 pass the House?" The roll was taken with the following result: HB 390 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Whitaker, Williams, Wilson Excused: Kookesh, Ogan, Stevens And so, HB 390 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. HB 390 was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 343 The following, which was advanced to third reading from the April 2, 2002, calendar (page 2761), was read the third time: CS FOR SENATE BILL NO. 343(RES) "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing 2002-04-03 House Journal Page 2783 Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date." The question being: "Shall CSSB 343(RES) pass the House?" The roll was taken with the following result: CSSB 343(RES) Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Joule, Kapsner, Kerttula Excused: Kookesh, Ogan, Stevens And so, CSSB 343(RES) 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. Representative Joule gave notice of reconsideration of the vote on CSSB 343(RES). RECONSIDERATION HB 330 Representative Davies brought up reconsideration of the vote on CSHB 330(FIN) (page 2756). The following was again before the House in third reading: 2002-04-03 House Journal Page 2784 CS FOR HOUSE BILL NO. 330(FIN) "An Act relating to providing alcoholic beverages to a person under 21 years of age." Representative Davies moved and asked unanimous consent that CSHB 330(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Rokeberg objected and removed the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 1, line 12: Delete "acting" Insert "driving" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Dyson objected. Amendment to Amendment No. 1 was offered by Representative Hudson: Delete "driving" Insert "operating motorized equipment, firearms, or water craft" Representative Hudson moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: 2002-04-03 House Journal Page 2785 CSHB 330(FIN)--RECONSIDERATION Second Reading Amendment to Amendment No. 1 YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Lancaster, Masek, McGuire, Moses, Mulder, Murkowski, Scalzi, Williams, Wilson Nays: Fate, Foster, Green, Kohring, Kott, Meyer, Morgan, Porter, Rokeberg, Whitaker Excused: Kookesh, Ogan, Stevens And so, Amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSHB 330(FIN)--RECONSIDERATION Second Reading Amendment No. 1 as amended YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Morgan, Moses, Mulder, Murkowski, Scalzi, Williams, Wilson Nays: Coghill, Dyson, Fate, Foster, Green, James, Meyer, Porter, Rokeberg, Whitaker Excused: Kookesh, Ogan, Stevens Wilson changed from "Nay" to "Yea". And so, Amendment No. 1 as amended was adopted. The question to be reconsidered: "Shall CSHB 330(FIN) am pass the House?" The roll was taken with the following result: 2002-04-03 House Journal Page 2786 CSHB 330(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 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, Whitaker, Williams, Wilson Nays: Kohring Excused: Kookesh, Ogan, Stevens And so, CSHB 330(FIN) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (Continued) 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 - The Kodiak High School 2002 Alaska Ocean Sciences Bowl Champions By Representatives Stevens, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Ogan, Rokeberg, Scalzi, Whitaker, Williams, Wilson; Senator Austerman 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: 2002-04-03 House Journal Page 2787 Representative Joule - from 7:00 a.m., April 4 to 7:00 p.m., plane time, April 7, 2002 Representative Kookesh - from 7:00 a.m. to 8:00 p.m., April 5, 2002 Representative Morgan - from 2:05 p.m., April 16 to 9:35 p.m., plane time, April 18, 2002 Representative Williams - from 1:35 p.m., April 5 to 9:45 p.m., plane time, April 7, 2002 Representative Wilson - from 8:15 p.m., April 12 to 6:16 p.m., plane time, April 14, 2002 HB 443 The Speaker added a Finance Committee referral to the following: HOUSE BILL NO. 443 "An Act retroactively extending the application and licensing deadlines and amending the effective date of certain provisions relating to regulation of persons who practice tattooing and permanent cosmetic coloring or body piercing; and providing for an effective date." HB 443 was removed from the Rules Committee and referred to the Finance Committee. SPECIAL ORDER OF BUSINESS Representative James moved and asked unanimous consent that the citation, Honoring - Brigadier General Douglas M. Fraser, 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: 2002-04-03 House Journal Page 2788 Honoring - Brigadier General Douglas M. Fraser By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson UNFINISHED BUSINESS HB 390 Representative Green added his name as cosponsor to: 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." HB 409 Representative Wilson removed her name as cosponsor to: HOUSE BILL NO. 409 "An Act rejecting the use of daylight saving time." HB 472 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 472 "An Act relating to persons who buy and sell secondhand articles and to certain persons who lend money on secondhand articles." ENGROSSMENT HB 330 CSHB 330(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-04-03 House Journal Page 2789 HB 332 CSHB 332(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 390 HB 390 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 4, 2002. There being no objection, the House adjourned at 11:51 a.m. Suzi Lowell Chief Clerk