Legislature(2001 - 2002)
2002-06-27 House Journal
Full Journal pdf2002-06-27 House Journal Page 4045 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE THIRD SPECIAL SESSION Juneau, Alaska Thursday June 27, 2002 Fourth Day Pursuant to adjournment the House was called to order by Speaker Porter at 12:37 a.m. Roll call showed 36 members present. Representatives Berkowitz and Green had been previously excused from a call of the House today. Representative Kapsner was absent and her presence was noted later. Representative James moved and asked unanimous consent that Representative Rokeberg's previously excused absence (page 4039) be extended until 9:32 p.m., plane time, June 27, 2002. There being no objection, it was so ordered. The invocation was offered by Representative Davies, Chaplain Designee. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With respect for everyone's individual religious and spiritual traditions, let us bow our heads and pray. O Infinite God of life, goodness, and generous love, we dedicate our hearts, our lives, to You. Help us to be true for there are those who trust us, to be strong for there is much to dare. Help us to cherish all human life, to be a friend of all, the foe and friendless, and do the good You want us to do. 2002-06-27 House Journal Page 4046 Make us loving examples of Your generous love and a blessing to everyone we see. May Your goodness be fully in us and in all that we think and say and do. Amen. The Pledge of Allegiance was led by Representative Joule. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the second legislative day of the Third Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 363 A letter dated June 26, 2002, was received from Mike Abbott, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: 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." the engrossed and enrolled copies were transmitted to the Lieutenant Governor's Office for permanent filing and the following chapter number was assigned: Chapter No. 1, TSSLA 2002 Effective Date: June 26, 2002 MESSAGES FROM THE SENATE A message dated June 26, 2002, was read stating the Senate has passed the following and it is transmitted for consideration: 2002-06-27 House Journal Page 4047 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 301 SENATE CONCURRENT RESOLUTION NO. 301 by the Senate Judiciary Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 3001, relating to the Regulatory Commission of Alaska. was read the first time and taken up later as a Special Order of Business. **The presence of Representative Kapsner was noted. COMMUNICATIONS The following audit reports were received from: Division of Legislative Audit Legislative Budget & Audit Committee (as required by AS 24.20.311) Dept. of Transportation & Public Facilities Ted Stevens Anchorage International Airport Terminal Improvements May 7, 2002 Seismic Design Dispute May 7, 2002 INTRODUCTION OF CITATIONS The following citations were introduced and taken up later as a Special Order of Business: Honoring - Dorothy Moore, Valdez School Teacher and Civic Leader By Representative Harris 2002-06-27 House Journal Page 4048 Honoring - Senator Randy Phillips By Senator Halford Honoring - Anchorage, All American City By Senator Donley In Memoriam - Walter H. Peirce By Representative Hayes In Memoriam - Joe Walsh By Representative Joule In Memoriam - Johnnie L. Gay By Senator Davis CONSIDERATION OF THE DAILY CALENDAR 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 - Amy Finn, Outstanding Volunteer By Senator Austerman; Representatives Stevens, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson In Memoriam - William K. "Bill" Blessington By Representatives Kohring, 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, Rokeberg, Scalzi, Stevens, Williams, Wilson 2002-06-27 House Journal Page 4049 In Memoriam - James J. Hurley By Senator Austerman; Representatives 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, Rokeberg, Scalzi, Stevens, Williams, Wilson SENSE OF THE HOUSE Representative Coghill moved and asked unanimous consent that the following be adopted as the Sense of the House: "Whereas, this country was founded on religious freedom by founders, many of whom were deeply religious; Whereas, the First Amendment to the Constitution embodies principles intended to guarantee freedom of religion both through the free exercise thereof and by prohibiting the government establishing a religion; Whereas, the Pledge of Allegiance was written by Francis Bellamy, a Baptist Minister, and first published in the September 8, 1892 issue of Youth's Companion; Whereas, Congress in 1954 added the words "under God" to the Pledge of Allegiance; Whereas, President Eisenhower, in adding these words said…."These words will remind Americans that despite our great physical strength we must remain humble. They will help us to keep constantly in our minds and hearts the spiritual and moral principles which alone give dignity to man, and upon which our way of life is founded." Whereas the Pledge of Allegiance has for almost 50 years included references to the U. S. flag and the country; this country, has been established as a union, "under God" being dedicated to securing "liberty and justice for all;" Whereas, the Congress in 1954 believed it was acting constitutionally when it revised the Pledge of Allegiance; 2002-06-27 House Journal Page 4050 Whereas the Senate of the 107th Congress believes that the Pledge of Allegiance is not an unconstitutional expression of patriotism; Whereas patriotic songs, engravings on U. S. legal tender, engravings on federal buildings and the Preamble to the Alaska State Constitution also contain general references to "God"; Whereas, in accordance with decisions of the U. S. Supreme Court, public school students cannot be forced to recite the Pledge of Allegiance without violating their First Amendment rights; Whereas, the Congress expects that the U. S. Court of Appeals for the Ninth Circuit will rehear the case of Newdow v. U. S. Congress, en banc, and resolves to instruct the Senate Legal Counsel to seek to intervene in the case to defend the constitutionality of the Pledge of Allegiance; Resolved, That the Twenty Second Legislature of the State of Alaska concur with and support the U. S. Senate in challenging the United States Court of Appeals For The Ninth Circuit in its decision of Newdow v. U. S. Congress, en banc." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the Presiding Officer notify the following individuals of the action: Alaska Congressional Delegation, Presiding Officers of the U.S. Congress, and the President of the United States. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS SCR 301 Representative James moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: SENATE CONCURRENT RESOLUTION NO. 301 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of 2002-06-27 House Journal Page 4051 the Alaska State Legislature, concerning House Bill No. 3001, relating to the Regulatory Commission of Alaska. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that SCR 301 be adopted. There being no objection, it was so ordered. And so, SCR 301 was signed by the Speaker and Chief Clerk and returned to the Senate. Representative James moved and asked unanimous consent that the House approve the Special Order Citation Calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Dorothy Moore, Valdez School Teacher and Civic Leader By Representatives Harris, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Stevens, Williams, Wilson Honoring - Senator Randy Phillips By Senator Halford; Representatives Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Stevens, Williams, Wilson Honoring - Anchorage, All American City By Senator Donley; Representatives Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson 2002-06-27 House Journal Page 4052 In Memoriam - Walter H. Peirce By Representatives Hayes, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson In Memoriam - Joe Walsh By Representatives Joule, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson In Memoriam - Johnnie L. Gay By Senator Davis; Representatives Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Scalzi, Stevens, Williams, Wilson UNFINISHED BUSINESS SCR 28 Pursuant to: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(FIN) Establishing the Joint Legislative Salmon Industry Task Force. Legislative Resolve No. 53 The Speaker and President appointed the following members to the joint task force: Representative Stevens, Vice Chair Senator Stevens, Chair Representative Williams Senator Elton Representative Scalzi, Alternate Senator Austerman, Alternate 2002-06-27 House Journal Page 4053 The following are the public members appointed to the joint task force: Don Giles Gary Slaven John Lowrance Sue Aspelund Duncan Fields Sam Cotten Robin Samuelson Chris Moss, First Alternate Stephanie Madsen, Second Alternate The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 3001 A message dated June 27, 2002, was read stating the Senate has passed: 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." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 3001(JUD) am S "An Act relating to the powers and duties of the Regulatory Commission of Alaska, establishing a task force to inquire into the operation of the commission, and extending the termination date of the commission to June 30, 2003; and providing for an effective date." (SCR 301 - title change resolution) 2002-06-27 House Journal Page 4054 CONCUR IN SENATE AMENDMENTS HB 3001 Representative James moved and asked unanimous consent to consider the Senate message at this time. There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 3001(FIN) am, thus adopting SCS CSHB 3001(JUD) am S, and recommended that the members vote yes. Representative Guess moved and asked unanimous consent that she be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Guess was required to vote. The question being: "Shall the House concur in the Senate amendment to CSHB 3001(FIN) am?" The roll was taken with the following result: SCS CSHB 3001(JUD) am S Concur YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Kott Excused: Berkowitz, Green, Rokeberg And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 3001(JUD) am S. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2002-06-27 House Journal Page 4055 The Chief Clerk was instructed to so notify the Senate. SCS CSHB 3001(JUD) am S was referred to the Chief Clerk for enrollment. ADJOURNMENT Representative Mulder moved and asked unanimous consent that the Third Special Session of the House of Representatives of the Twenty- second Legislature of the State of Alaska adjourn sine die. There being no objection, the House adjourned at 1:42 a.m. Suzi Lowell Chief Clerk