Legislature(2001 - 2002)
2002-04-16 House Journal
Full Journal pdf2002-04-16 House Journal Page 2939 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 16, 2002 Ninety-third Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:08 a.m. Roll call showed 29 members present. Representatives Kookesh, Morgan, Moses, and Ogan had been previously excused from a call of the House today. Representative Masek was excused from a call of the House today because of illness. Representatives Crawford, Croft, Guess, Kerttula, Mulder, and Whitaker were absent and their presence was noted later. The invocation was offered by the Reverend Greg Lindsay of Northern Light United Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. God of love and peace, we admit that even our silence this morning is noisy. Our minds are filled with to-do lists, our thoughts are focused on last-minute conversations and our spirits are pushed to the edge with fatigue and busyness. How hard it is to be still in Your presence for just one minute. God, Who loves each one of us, bring us into Your presence. Silence the noise in our hearts to allow us to respond not to the loudest voice but to the greatest need. O God, touch us at our point of need. Refashion our days and hours to serve the people with energy, imagination, and enthusiasm. Help us live each day with an attitude of thanks for all that You give us to do. Amen. 2002-04-16 House Journal Page 2940 The Pledge of Allegiance was led by Representative Stevens. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 92nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Harris introduced Evan Manly, Guest Page, from Juneau. MESSAGES FROM THE SENATE SB 291 A message dated April 15, 2002, was read stating the Senate has failed to concur in the House amendment to CSSB 291(RLS), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 291(FIN) am H "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Donley, Chair Senator Wilken Senator Hoffman Representative James moved that the House recede from its amendment to CSSB 291(RLS), namely HCS CSSB 291(FIN) am H, and recommended that the members vote no. **The presence of Representatives Crawford, Guess, and Kerttula was noted. 2002-04-16 House Journal Page 2941 The question being: "Shall the House recede from its amendment to CSSB 291(RLS)?" The roll was taken with the following result: HCS CSSB 291(FIN) am H Recede YEAS: 0 NAYS: 32 EXCUSED: 5 ABSENT: 3 Nays: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Excused: Kookesh, Masek, Morgan, Moses, Ogan Absent: Croft, Mulder, Whitaker And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Mulder Representative Williams Representative Croft The Chief Clerk was instructed to so notify the Senate. REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the qualifications of: Colonel Gene Ramsay Alaska Air National Guard - Brigadier General and recommends the following: Confirm (6): Fate, James, Stevens, Crawford, Wilson, Coghill 2002-04-16 House Journal Page 2942 Colonel Jim Welch Space and Missile Defense - Brigadier General and recommends the following: Confirm (7): Fate, Hayes, James, Stevens, Crawford, Wilson, Coghill The reports were signed by Representative Coghill, Chair. HB 252 The Finance Committee has considered: HOUSE BILL NO. 252 "An Act relating to the construction of certain statutes relating to children; relating to the scope of duty and standard of care for persons who provide services to certain children and families; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 252(FIN) "An Act relating to the construction of certain statutes relating to children; relating to the scope of duty and standard of care for persons who provide services to certain children and families; relating to liability for failure to meet certain statutory time deadlines; relating to intensive family preservation services; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (6): Whitaker, Harris, Hudson, Foster, Mulder, Williams No recommendation (4): Bunde, Croft, Davies, Lancaster The following fiscal note(s) apply to CSHB 252(FIN): 1. Fiscal, Dept. of Health & Social Services 2002-04-16 House Journal Page 2943 HB 252 was referred to the Rules Committee for placement on the calendar. HB 302 The Resources Committee has considered: HOUSE BILL NO. 302 "An Act establishing the Alaska Gas Corporation, a public corporation, and providing for its structure, management, responsibilities, and operation, and requiring the development of a project plan to evaluate whether construction and operation of a natural gas transmission pipeline project by the corporation is feasible." The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (6): Fate, Chenault, Kerttula, Kapsner, Masek, Scalzi No recommendation (2): Stevens, Green The following fiscal note(s) apply: 1. Zero, Dept. of Revenue HB 302 was referred to the Finance Committee. HB 319 The Judiciary Committee has considered: HOUSE BILL NO. 319 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 319(JUD) "An Act relating to civil liability for commercial recreational activities and for guest passengers on an aircraft or watercraft; and providing for an effective date." 2002-04-16 House Journal Page 2944 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Meyer, James, Rokeberg Do not pass (1): Berkowitz No recommendation (2): Coghill, Kookesh The following fiscal note(s) apply to CSHB 319(JUD): 1. Zero, Alaska Court System HB 319 was referred to the Rules Committee for placement on the calendar. HB 370 The State Affairs Committee has considered: HOUSE BILL NO. 370 "An Act relating to the issuance of state-guaranteed revenue bonds by the Alaska Housing Finance Corporation to finance mortgages for qualifying veterans; and providing for an effective date." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (6): Crawford, Stevens, James, Fate, Hayes, Coghill Amend (1): Wilson The following fiscal note(s) apply: 1. Zero, Dept. of Revenue 2. Fiscal, Office of the Governor HB 370 was referred to the Finance Committee. HB 407 The Health, Education & Social Services Committee has considered: 2002-04-16 House Journal Page 2945 HOUSE BILL NO. 407 "An Act relating to the certificate of need program." and recommends it be replaced with: CS FOR HOUSE BILL NO. 407(HES) "An Act relating to the certificate of need program; relating to comprehensive health planning; and providing for an effective date." The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (2): Coghill, Wilson No recommendation (3): Cissna, Joule, Dyson Amend (2): Kohring, Stevens The following fiscal note(s) apply to CSHB 407(HES): 2. Fiscal, Dept. of Health & Social Services 3. Zero, House Health, Education & Social Services Committee/Dept. of Health & Social Services HB 407 was referred to the Rules Committee for placement on the calendar. HB 458 The State Affairs Committee has considered: HOUSE BILL NO. 458 "An Act relating to periods of probation for state employees; and providing for an effective date." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (7): Wilson, Crawford, Stevens, James, Fate, Hayes, Coghill 2002-04-16 House Journal Page 2946 The following fiscal note(s) apply: 1. Zero, Dept. of Administration/All Depts. HB 458 was referred to the Rules Committee for placement on the calendar. HB 504 The Finance Committee has considered: HOUSE BILL NO. 504 "An Act relating to the wages of people working in the fisheries business." and recommends it be replaced with: CS FOR HOUSE BILL NO. 504(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Bunde, Hudson, Foster, Mulder, Williams Do not pass (3): Whitaker, Croft, Harris No recommendation (1): Lancaster The following fiscal note(s) apply to CSHB 504(FIN): 2. Zero, House Finance Committee/Dept. of Labor & Workforce Development HB 504 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Mulder was noted. HB 508 The Rules Committee has considered: 2002-04-16 House Journal Page 2947 HOUSE BILL NO. 508 "An Act relating to publication of results of testing for paralytic shellfish poisoning by the Department of Environmental Conservation and to participation of the Department of Environmental Conservation in the development of operating plans of qualified regional dive fishery associations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 508(RLS) "An Act relating to results of testing for paralytic shellfish poisoning and to participation of the Department of Environmental Conservation in the development of operating plans of qualified regional dive fishery development associations." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Joule, Porter, Kott No recommendation (2): Berkowitz, Kohring The following fiscal note(s) apply to CSHB 508(RLS): 1. Zero, Dept. of Environmental Conservation HB 508 was returned to the Rules Committee for placement on the calendar. HB 509 The Finance Committee has considered: HOUSE BILL NO. 509 "An Act relating to Alaska children's trust registration plates; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 509(STA) (same title) 2002-04-16 House Journal Page 2948 The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (8): Bunde, Whitaker, Harris, Davies, Lancaster, Hudson, Foster, Williams The following fiscal note(s) apply to CSHB 509(STA): 2. Fiscal, Dept. of Administration HB 509 was referred to the Rules Committee for placement on the calendar. HB 515 The Finance Committee has considered: HOUSE BILL NO. 515 "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska and by the judicial branch of state government from the state operating budget for the fiscal year ending June 30, 2003; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 515(FIN) (same title) The report was signed by Representative Mulder, Co-chair, with the following individual recommendations: Do pass (6): Lancaster, Bunde, Whitaker, Harris, Foster, Mulder No recommendation (1): Hudson Amend (2): Croft, Davies The following fiscal note(s) apply to CSHB 515(FIN): 1. Zero, House Finance Committee/All Depts. 2002-04-16 House Journal Page 2949 HB 515 was referred to the Rules Committee for placement on the calendar. SCR 28 The Finance Committee has considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 28(RES) Establishing the Joint Legislative Salmon Industry Task Force. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (9): Whitaker, Harris, Croft, Davies, Lancaster, Hudson, Foster, Mulder, Williams The following fiscal note(s) apply to HCS CSSCR 28(FIN): 2. Fiscal, Legislative Affairs Agency CSSCR 28(RES) was referred to the Rules Committee for placement on the calendar. SJR 37 The State Affairs Committee has considered: SENATE JOINT RESOLUTION NO. 37 Proposing an amendment to the Constitution of the State of Alaska relating to officers and employees of the executive branch. The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (2): Wilson, Stevens 2002-04-16 House Journal Page 2950 Do not pass (2): Crawford, Hayes No recommendation (3): James, Fate, Coghill The following fiscal note(s) apply: 1. Fiscal, Office of the Governor SJR 37 was referred to the Judiciary Committee. SB 180 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 180(FIN)(efd fld) "An Act implementing pay differentials based on geographic areas for certain state employees and for members of the Alaska State Defense Force; relating to cost-of-living differentials for state aid to municipalities." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 180(STA) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (1): Coghill No recommendation (1): Hayes Amend (3): Wilson, Crawford, James The following fiscal note(s) apply to HCS CSSB 180(STA): 3. Fiscal, Dept. of Administration/All Depts. 4. Fiscal, Alaska Court System CSSB 180(FIN)(efd fld) was referred to the Finance Committee. 2002-04-16 House Journal Page 2951 SB 269 The Rules Committee has considered: SENATE BILL NO. 269 "An Act naming bridge number 1121, across the Knik River, the Sergeant James Bondsteel Bridge of Honor; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Berkowitz, Joule, Porter, Kott The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities SB 269 was returned to the Rules Committee for placement on the calendar. SB 308 The Resources Committee has considered: CS FOR SENATE BILL NO. 308(FIN) "An Act relating to the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council; and providing for an effective date." The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (5): Stevens, McGuire, Fate, Masek, Scalzi No recommendation (2): Green, Chenault Amend (2): Kerttula, Kapsner The following fiscal note(s) apply: 1. Zero, Office of the Governor 2002-04-16 House Journal Page 2952 CSSB 308(FIN) was referred to the Rules Committee for placement on the calendar. SB 328 The Resources Committee has considered: SENATE BILL NO. 328 "An Act requiring that a nonresident big game hunter be accompanied by a big game guide who is providing big game hunting services to the nonresident under a contract with the nonresident or who is employed by a big game guide who has a contract to provide big game hunting services to the nonresident." The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (9): Stevens, Green, McGuire, Fate, Chenault, Kerttula, Kapsner, Masek, Scalzi The following fiscal note(s) apply: 1. Zero, Dept. of Public Safety 2. Zero, Dept. of Community & Economic Development SB 328 was referred to the Rules Committee for placement on the calendar. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 519 HOUSE BILL NO. 519 by the House Rules Committee, entitled: "An Act authorizing priority treatment under the Right-of-Way Leasing Act for an Alaska North Slope natural gas project; expanding the scope for the kinds of gas development projects that may become qualified projects under the Alaska Stranded Gas Development Act; extending the deadline for submitting applications under the Alaska Stranded Gas Development Act; 2002-04-16 House Journal Page 2953 exempting an Alaska North Slope natural gas project from state property tax and all municipal taxes during construction; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. HB 520 HOUSE BILL NO. 520 by the House Labor & Commerce Committee, entitled: "An Act relating to business licenses, business license endorsements, and business license and license endorsement fees, to a trade and business development fund, and to the international trade and business endowment; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 208 The following was read the second time: HOUSE BILL NO. 208 "An Act relating to aquatic farming of shellfish; and providing for an effective date." with the: Journal Page FSH RPT CS(FSH) 2DP 3AM 2484 FN1: ZERO(DEC) 2484 FN2: (DNR) 2484 RES RPT CS(RES) 6DP 2515 FN1: ZERO(DEC) 2516 FN2: (DNR) 2516 FN3: (DFG); FN4: (DFG) 2516 2002-04-16 House Journal Page 2954 FIN RPT CS(RES) 7DP 2772 FN2: (DNR) 2773 FN3: (DFG); FN4: (DFG) 2773 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. 208(RES) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 208(RES) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 208(RES) will be in third reading on tomorrow's calendar. HB 373 The following was read the second time: HOUSE BILL NO. 373 "An Act relating to marijuana and controlled substances and forfeitures related to controlled substances." with the: Journal Page JUD RPT CS(JUD) 2DP 1NR 1AM 2680 FN1: ZERO(LAW) 2681 FN2: ZERO(DPS) 2681 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. 373(JUD) (same title) 2002-04-16 House Journal Page 2955 There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 373(JUD) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 373(JUD) will be in third reading on tomorrow's calendar. HB 501 The following was read the second time: HOUSE BILL NO. 501 "An Act relating to the use of unclaimed property to pay court- ordered restitution; and providing for an effective date." with the: Journal Page JUD RPT 3DP 3NR 2578 FN1: ZERO(LAW) 2579 FN2: ZERO(REV) 2579 Representative James moved and asked unanimous consent that HB 501 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 501 was read the third time. **The presence of Representative Whitaker was noted. The question being: "Shall HB 501 pass the House?" The roll was taken with the following result: HB 501 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 2002-04-16 House Journal Page 2956 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh, Masek, Morgan, Moses, Ogan Absent: Croft And so, HB 501 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 501 was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 474 The following, which was advanced to third reading from the April 15, 2002, calendar (page 2928), was read the third time: CS FOR HOUSE BILL NO. 474(CRA) "An Act relating to public rights-of-way and easements for surface transportation affecting the Anchorage Coastal Wildlife Refuge." **The presence of Representative Croft was noted. Representative Rokeberg moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Rokeberg was required to vote. The Speaker stated that, without objection, CSHB 474(CRA) will be held in third reading to tomorrow's calendar. 2002-04-16 House Journal Page 2957 SECOND READING OF HOUSE RESOLUTIONS HCR 27 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 27 Relating to urging the Local Boundary Commission to adopt standards and procedures to enable the commission to return a petition for a local boundary change to the petitioner when the commission determines the petition is substantively deficient or in need of substantial amendment or supplementation. with the: Journal Page CRA RPT 6DP 2398 FN1: ZERO(H.CRA) 2398 Amendment No. 1 was offered by Representative Scalzi: Page 1, line 3 (title amendment): Delete "or" Insert "," Page 1, line 4, following "supplementation" (title amendment): Insert ", or the procedure used in preparing the petition was deficient" Page 2, line 7, following "return": Insert "petitions if the procedures used in preparing them were deficient or" Page 2, line 14, following "provisions": Insert ", or the procedure used in preparing the petition was deficient" Representative Scalzi moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title follows: 2002-04-16 House Journal Page 2958 HOUSE CONCURRENT RESOLUTION NO. 27 am Relating to urging the Local Boundary Commission to adopt standards and procedures to enable the commission to return a petition for a local boundary change to the petitioner when the commission determines the petition is substantively deficient, in need of substantial amendment or supplementation, or the procedure used in preparing the petition was deficient. The question being: "Shall HCR 27 am pass the House?" The roll was taken with the following result: HCR 27 am Second Reading Final Passage YEAS: 29 NAYS: 0 EXCUSED: 5 ABSENT: 6 Yeas: Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kott, Lancaster, McGuire, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh, Masek, Morgan, Moses, Ogan Absent: Berkowitz, Cissna, Guess, Halcro, Kerttula, Meyer And so, HCR 27 am passed the House and was referred to the Chief Clerk for engrossment. 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 Kapsner - from 6:00 a.m. to 6:35 p.m., plane time, April 20, 2002 Representative Murkowski - from 10:30 a.m. to noon, May 6, 2002 HB 407 The Speaker added a Finance Committee referral for the following: 2002-04-16 House Journal Page 2959 HOUSE BILL NO. 407 "An Act relating to the certificate of need program." HB 407 was removed from the Rules Committee and referred to the Finance Committee. HB 373 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 373(JUD) "An Act relating to marijuana and controlled substances and forfeitures related to controlled substances." ENGROSSMENT HCR 27 HCR 27 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 501 HB 501 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 upon adj., 4/16 The following meeting today has been changed as indicated: Conference Committee To be announced SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK 2002-04-16 House Journal Page 2960 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 17, 2002. There being no objection, the House adjourned at 11:31 a.m. Suzi Lowell Chief Clerk