Legislature(2001 - 2002)
2002-06-25 House Journal
Full Journal pdf2002-06-25 House Journal Page 4029 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE THIRD SPECIAL SESSION Juneau, Alaska Tuesday June 25, 2002 Second Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:05 a.m. Roll call showed 35 members present. Representatives Berkowitz and Green had been previously excused from a call of the House today. Representatives Crawford, Croft, and Williams were absent and their presence was noted later. The invocation was offered by Representative Coghill, Chaplain Designee. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Our Father in heaven, Our people have chosen us to represent them in this place, and we are grateful for their trust. We look to You today for guidance both in our minds and our spirits. For people in court rooms today, those in state offices - delivering or receiving services - for policy makers in the administration, and for us in our decisions, we ask for Your help in serving our people well. We enjoy the beauty of Your creation and the vastness of this land you have given us to protect and govern. 2002-06-25 House Journal Page 4030 Help us in honoring one another as we try to figure out the best way to do things. In the Name of our Savior, Jesus Christ, we pray. Amen. The Pledge of Allegiance was led by Representative Wilson. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the First Supplemental journal with the following correction, House Journal Supplement No. 9, and the journal for the first legislative day of the Third Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. SB 363 At the top of page 3996 in the Governor's transmittal letter: Delete "sleazy," MESSAGES FROM THE GOVERNOR The following letter, dated June 24, 2002, was received: "Dear President Halford and Speaker Porter: Pursuant to Alaska Statute 24.55.020, I hereby approve the appointment of Linda Lord-Jenkins as ombudsman for the State of Alaska, effective June 24, 2002. Sincerely, /s/ Tony Knowles Governor" MESSAGES FROM THE SENATE A message dated June 24, 2002, was read stating the Senate has accepted an invitation to meet in joint session in the House Chamber at 3:00 p.m., June 25, to consider the Governor's vetoes. 2002-06-25 House Journal Page 4031 **The presence of Representative Crawford was noted. REPORTS OF STANDING COMMITTEES HB 3001 The Finance Committee has considered: HOUSE BILL NO. 3001 "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2006; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 3001(FIN) "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, extending the commission's termination date to June 30, 2004, requiring the commission to hold monthly meetings to allow discussion of the commission's process and procedures; and directing the establishment of an advisory committee; 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, Davies, Hudson, Lancaster, Foster, Mulder, Williams The following fiscal note(s) apply to CSHB 3001(FIN): 1. Fiscal, Dept. of Community & Economic Development HB 3001 is on today's calendar. **The presence of Representative Croft was noted. 2002-06-25 House Journal Page 4032 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Amy Finn, Outstanding Volunteer By Senator Austerman; Representative Stevens In Memoriam - William K. "Bill" Blessington By Representative Kohring In Memoriam - James J. Hurley By Senator Austerman The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Donald G. Hilligas By Representative Rokeberg The Speaker stated that the House would stand at ease for a Majority Caucus and a Minority Caucus; and so, the House stood at ease at 10:16 a.m. AFTER AT EASE The Speaker called the House back to order at 11:06 a.m. **The presence of Representative Williams was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 3001 The following was read the second time: HOUSE BILL NO. 3001 "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the 2002-06-25 House Journal Page 4033 commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2006; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NT 9DP 4031 FN1: (CED) 4031 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. 3001(FIN) "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, extending the commission's termination date to June 30, 2004, requiring the commission to hold monthly meetings to allow discussion of the commission's process and procedures; and directing the establishment of an advisory committee; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Mulder, Davies, and Croft: Page 3, lines 26 - 28: Delete all material. Insert "APPLICATION OF TIMELINES TO NEW AND EXISTING DOCKETS. The timelines provided in AS 42.05.175, added by sec. 1 of this Act, apply to all new dockets of the Regulatory Commission of Alaska filed on or after July 1, 2002. For dockets commenced before July 1, 2002, the date of July 1, 2002, shall be used as the date of filing for the purpose of applying the timelines in AS 42.05.175." Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 2002-06-25 House Journal Page 4034 Representative James moved and asked unanimous consent that CSHB 3001(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 3001(FIN) am was read the third time. Representative Croft placed a call of the House. The Speaker stated the call was satisfied. Representatives Guess and Meyer moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall CSHB 3001(FIN) am pass the House?" The roll was taken with the following result: CSHB 3001(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Dyson, Kohring, Masek, Ogan Excused: Berkowitz, Green And so, CSHB 3001(FIN) am 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 James gave notice of reconsideration of the vote on CSHB 3001(FIN) am. 2002-06-25 House Journal Page 4035 RECONSIDERATION HB 3001 Representative James moved and asked unanimous consent that the reconsideration of CSHB 3001(FIN) am (page 4034) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 3001(FIN) am "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, extending the commission's termination date to June 30, 2004, requiring the commission to hold monthly meetings to allow discussion of the commission's process and procedures; and directing the establishment of an advisory committee; and providing for an effective date." The question to be reconsidered: "Shall CSHB 3001(FIN) am pass the House?" The roll was taken with the following result: CSHB 3001(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Dyson, Kohring, Masek, Ogan Excused: Berkowitz, Green And so, CSHB 3001(FIN) am passed the House on reconsideration. 2002-06-25 House Journal Page 4036 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 3001(FIN) am was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative James moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Tony Caligiuri By Representatives Bunde, Porter, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Hayes, Hudson, James, Joule, Kerttula, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Kathie Lynn Cook By Senator Wilken; Representatives Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Hayes, Hudson, James, Joule, Kerttula, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - The 2002 Juneau Douglas High School Crimson Bears Softball Team By Senator Elton; Representatives Kerttula, Hudson, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Hayes, James, Joule, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - The 2002 Juneau Douglas High School Crimson Bears Baseball Team By Senator Elton; Representatives Kerttula, Hudson, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Hayes, James, Joule, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-06-25 House Journal Page 4037 Honoring - Avalanche Awareness Advocacy By Senator Green; Representatives Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - Juan Manuel Cutino MacFarlane By Senator Elton; Representatives Kerttula, Hudson, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Hayes, James, Joule, Kookesh, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - Mary Lou Briggs By Senators Phillips, Halford; Representatives Dyson, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Guess, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - Harvey C. Baskin By Senators Green, Halford; Representatives Ogan, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson UNFINISHED BUSINESS HB 3002 Representative Hayes moved and asked unanimous consent that the following be discharged from the Finance Committee. HOUSE BILL NO. 3002 "An Act making appropriations to the Department of Administration, division of Alaska longevity programs, to enable the division to make available additional beds in the Alaska Pioneers' and Veterans' Home; and providing for an effective date." 2002-06-25 House Journal Page 4038 Objection was heard. Representative Hayes placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall HB 3002 be discharged from the Finance Committee?" The roll was taken with the following result: HB 3002 Discharge from Finance Committee YEAS: 11 NAYS: 27 EXCUSED: 2 ABSENT: 0 Yeas: Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Berkowitz, Green And so, the motion failed. SPECIAL ORDER OF BUSINESS Representative James moved and asked unanimous consent that the citation, In Memoriam - Donald G. Hilligas, 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: In Memoriam - Donald G. Hilligas By Representatives Rokeberg, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Wilson 2002-06-25 House Journal Page 4039 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 Croft - from a.m., June 27 to a.m., June 30, 2002 Representative Rokeberg - from tonight to 9:27 p.m., plane time, June 26, 2002 Representative Stevens - from 2:00 p.m., plane time, June 27 to 5:00 p.m., plane time, July 5, 2002 The Speaker stated that, without objection, the House would recess until 3:00 p.m.; and so, the House recessed at 12:26 p.m. AFTER RECESS The Speaker called the House back to order at 3:12 p.m. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Porter turned the gavel over to President Halford who called the joint session to order at 3:13 p.m. The purpose of the joint session was to consider the Governor's veto of the following bill: SB 363 CAMPAIGN FINANCE PROVISIONS A roll call of the Senate showed 18 members present. Senator Davis had been previously excused from a call today. Senator Kelly was absent. A roll call of the House showed 38 members present. Representatives Berkowitz and Green had been previously excused from a call today. **The presence of Senator Kelly was noted. 2002-06-25 House Journal Page 4040 SB 363 Senator Leman moved that: CONFERENCE CS FOR SENATE BILL NO. 363 "An Act relating to communications and elections, to reporting of contributions and expenditures, and to campaign misconduct in the second degree; relating to disclosure by individuals of contributions to candidates; and providing for an effective date." become law notwithstanding the Governor's veto. The question being: "Shall CCS SB 363 become law notwithstanding the Governor's veto?" The roll of the House was taken with the following result: CCS SB 363 Override Veto HOUSE YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses Excused: Berkowitz, Green The roll of the Senate was called with the following result: CCS SB 363 Override Veto SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Green, Kelly, Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken, Austerman, Cowdery, Donley, Halford 2002-06-25 House Journal Page 4041 Nays: Hoffman, Lincoln, Olson, Ellis, Elton Excused: Davis TOTAL: YEAS: 41 NAYS: 16 EXCUSED: 3 ABSENT: 0 And so, the Governor's veto was overridden and the engrossed and enrolled copies of CCS SB 363 were returned to the Office of the Governor at 5:00 p.m., June 25, 2002. Senator Leman moved and asked unanimous consent that the joint session adjourn. There being no objection, President Halford adjourned the joint session at 3:45 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 3:48 p.m. ENGROSSMENT HB 3001 CSHB 3001(FIN) am 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 1:00 p.m., June 26, 2002. There being no objection, the House adjourned at 3:48 p.m. Suzi Lowell Chief Clerk