Legislature(1999 - 2000)

1999-02-01 House Journal

Full Journal pdf

1999-02-01                     House Journal                      Page 0113
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Monday           February 1, 1999         
                                                                               
                                Fourteenth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 11:02 a.m.                                                           
                                                                               
                                                                               
Roll call showed 33 members present.  Representatives Davies and               
Phillips had been previously excused from a call of the House today.           
Representative Therriault had been previously excused through                  
morning plane time (page 94) and his presence was noted later.                 
Representatives Kott, Mulder and Williams were absent and their                
presence was noted later.                                                      
                                                                               
Representative Green moved and asked unanimous consent that                    
Representative Brice's previous excuse (page 70) be extended to                
6:00p.m., today.  There being no objection, it was so ordered.                 
                                                                               
The invocation was offered by the Chaplain, Pastor Paul Beran of the           
Resurrection Lutheran Church.  Representative Green moved and asked            
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
Gracious God, our Heavenly Father,                                            
                                                                               
In the morning of this legislative year we bow before You,                    
confessing our utter dependence upon You.  We thank You                        
for the awesome responsibility entrusted to us and the helpful                 
difference we can make in many lives across Alaska.                            
                                                                               
Help us, we pray, to hear the quiet, almost silent voices of the              
powerless, amidst the confident loud voices of the powerful.                   
Help us, we pray, to have a perspective and priority from You                  

1999-02-01                     House Journal                      Page 0114
as we together strive to blaze trails across fiscal mountains.                 
Help us, we pray, to see each other, not as friend or foe, but                 
as colleagues struggling within and without to lead this state                 
together, honoring You, respecting and encouraging our fellow                  
Alaskans, and acting justly in our lives and in these                          
representative chambers.  We ask this humbly in the Name of                    
Him Who came not to be served but to serve, Jesus the Christ.                  
Amen                                                                           
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Ogan.                       
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 11th, 12th and 13th legislative days and House &               
Senate Joint Journal Supplement No. 2 be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 27, 1999, was read stating the Senate has              
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 28                                                                        
CS FOR SENATE BILL NO. 28(FIN) by the Senate Finance                           
Committee, entitled:                                                           
                                                                               
"An Act relating to the increase of an appropriation item based on            
additional federal or other program receipts."                                 
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
**The presence of Representatives Kott and Williams was noted.                 
                                                                               

1999-02-01                     House Journal                      Page 0115
Representative Berkowitz rose to a point of order, citing Rule 24 of           
Mason's Manual and Rule 54 of the Uniform Rules with regard to                 
CSSB28(FIN).                                                                   
                                                                               
Representative Berkowitz withdrew his point of order.                          
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
Letters of disclosure were received in accordance with AS 24.60 and            
will be published in House Journal Supplement No. 1 and Senate &               
House Joint Journal Supplement No. 3.                                          
                                                                               
The following reports were received:                                           
                                                                               
Dept. of Commerce & Economic Development                                       
Division of Investments                                                        
Annual State Loan Report FY 98                                                 
(as required by AS 37.05.035 and AS 16.10.350)                                 
                                                                               
Dept. of Transportation & Public Facilities                                    
Alaska Marine Highway System                                                   
Annual Financial Report                                                        
Fiscal Year Ended June 30, 1998                                                
(as required by AS 19.65.080)                                                  
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 13                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 13                                                             
"An Act relating to the characterization of, use of, segregation of,          
deposit of, interest on, and disbursement of escrow money; relating            
to the recording, filing, and delivery of escrow documents; relating           
to civil penalties for violations of certain escrow provisions by              
escrow  settlement  agents;  relating to  the  supervision  by  the            
                                                                               

1999-02-01                     House Journal                      Page 0116
HB 13                                                                        
Department of Commerce and Economic Development of escrow                     
settlement agents; authorizing the adoption of regulations to                  
implement certain escrow provisions; and providing for an                      
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 13(L&C)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (3):  Rokeberg, Harris, Halcro                                         
                                                                               
No recommendation (1):  Murkowski                                              
                                                                               
                                                                               
The following fiscal note applies to CSHB 13(L&C):                             
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development, 2/1/99             
                                                                               
HB 13 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 32                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 32                                                             
"An Act extending the termination date of the Board of Marine                 
Pilots."                                                                       
                                                                               
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4):  Rokeberg, Halcro, Harris, Murkowski                              
                                                                               
                                                                               

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HB 32                                                                        
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 2/1/99                  
                                                                               
HB 32 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Staff Sergeant Scott Hoffman, United States Army Alaska's           
NCO of the Year and NCO Soldier of the Year                                    
By Representative Coghill                                                      
                                                                               
                                                                               
In Memoriam - Russ Williams                                                    
By Representative Coghill                                                      
                                                                               
                                                                               
In Memoriam - Elise A. Wright                                                  
By Representative Coghill                                                      
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Green moved and asked unanimous consent that all                
members of the House be shown as cosponsors of the citation In                 
Memoriam - Stanley M. Robbins.  There being no objection, it was so            
ordered.                                                                       
                                                                               
                                                                               
Representative Green 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:                   
                                                                               

1999-02-01                     House Journal                      Page 0118
Commemorating - Alaska USA Federal Credit Union's Fiftieth                     
Anniversary Serving Alaskans                                                   
By Representatives Phillips, Porter, Berkowitz, Croft, Grussendorf,            
Harris, Hudson, James, Joule, Kemplen, Kohring, Kott, Morgan,                  
Mulder, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams                 
                                                                               
Honoring - Nina Kemppel                                                        
By Representatives Halcro, Porter, Berkowitz, Bunde, Croft, Davis,             
Dyson, Green, Harris, Hudson, James, Joule, Kemplen, Kerttula,                 
Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg,            
Sanders, Smalley, Therriault, Williams                                         
                                                                               
Honoring - Eris Ezell Johnson, Eagle Scout                                     
By Representatives Phillips, Porter, Berkowitz, Bunde, Croft, Davis,           
Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kemplen,              
Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders,             
Smalley, Therriault, Williams                                                  
                                                                               
In Memoriam - Caroline M. Coons                                                
By Representatives Phillips, Porter, Berkowitz, Croft, Davis, Dyson,           
Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kott,              
Morgan, Mulder, Ogan, Rokeberg, Sanders, Smalley, Therriault,                  
Williams                                                                       
                                                                               
In Memoriam - Shirley Martine Clayton                                          
By Representatives Phillips, Porter, Berkowitz, Croft, Davis, Dyson,           
Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kott,              
Morgan, Mulder, Ogan, Rokeberg, Sanders, Smalley, Therriault,                  
Williams                                                                       
                                                                               
In Memoriam - William E. "Bill" Mullen                                         
By Representatives Phillips, Porter, Berkowitz, Croft, Davis, Dyson,           
Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kott,              
Morgan, Mulder, Ogan, Rokeberg, Sanders, Smalley, Therriault,                  
Williams                                                                       
                                                                               
In Memoriam - James Marion Snead                                               
By Representatives Phillips, Porter, Berkowitz, Croft, Davis, Dyson,           
Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kott,              
Morgan, Mulder, Ogan, Rokeberg, Sanders, Smalley, Therriault,                  
Williams                                                                       

1999-02-01                     House Journal                      Page 0119
In Memoriam - Stanley M. Robbins                                               
By Representatives Porter, Cissna, Austerman, Barnes, Berkowitz,               
Brice, Bunde, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster,           
Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner,             
Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses,               
Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley,                 
Therriault, Whitaker, Williams; Senator Pearce                                 
                                                                               
In Memoriam - Kermit Roosevelt Olsen                                           
By Representatives Grussendorf, Porter, Berkowitz, Croft, Davis,               
Foster, Harris, Hudson, James, Joule, Kemplen, Kott, Morgan, Mulder,           
Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams               
                                                                               
In Memoriam - Rhonda Mosley                                                    
By Senators Pete Kelly, Wilken; Representatives Porter, Berkowitz,             
Croft, Davis, Foster, Grussendorf, Harris, Hudson, James, Joule,               
Kemplen, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips,                      
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
In Memoriam - Joy Albin                                                        
By Senators Pete Kelly, Wilken; Representatives Porter, Berkowitz,             
Croft, Davis, Foster, Grussendorf, Harris, Hudson, James, Joule,               
Kemplen, Kott, Morgan, Mulder, Ogan, Phillips, Rokeberg, Sanders,              
Smalley, Therriault, Williams                                                  
                                                                               
In Memoriam - John Holm                                                        
By Senators Pete Kelly, Wilken; Representatives Porter, Berkowitz,             
Coghill, Croft, Davis, Foster, Grussendorf, Harris, Hudson, James,             
Joule, Kemplen, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips,               
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Green moved that the House confirm the appointment              
of H. Conner Thomas to the Select Committee on Legislative Ethics.             
                                                                               
The question being: "Shall the House confirm the appointment of                
H.Conner Thomas to the Select Committee on Legislative Ethics?"                
The roll was taken with the following result:                                  
                                                                               

1999-02-01                     House Journal                      Page 0120
Select Committee on Legislative Ethics                                         
Confirm Appointment of H. Conner Thomas                                        
                                                                               
YEAS:  32   NAYS:  4   EXCUSED:  3   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Cissna, Cowdery, Croft, Davis,            
Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James,              
Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek,              
Morgan, Moses, Murkowski, Porter, Rokeberg, Smalley, Therriault,               
Whitaker, Williams                                                             
                                                                               
Nays:  Bunde, Coghill, Ogan, Sanders                                           
                                                                               
Excused:  Brice, Davies, Phillips                                              
                                                                               
Absent:  Mulder                                                                
                                                                               
And so, the appointment was confirmed.                                         
                                                                               
The Chief Clerk will notify the Senate.                                        
                                                                               
**The presence of Representative Mulder was noted.                             
                                                                               
Reconsideration of the confirmation of the appointment of Curt D.              
Wallace to the Select Committee on Legislative Ethics (page 103) was           
not taken up on this legislative day.  The Chief Clerk will notify the         
Senate.                                                                        
                                                                               
Representative Green 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 Kohring - from 8:59 p.m., February 12 to 9:20 p.m.,             
plane time, February 14, 1999                                                  
                                                                               
Representative Cowdery - from 2:30 p.m., April 1 to 9:20 a.m., plane           
time, April 6, 1999                                                            
                                                                               
Representative Coghill - from 5:30 a.m., March 11 to 8:00 a.m., plane          
time, March 12, 1999                                                           
                                                                               
Representative Coghill - from 5:30 a.m., March 8 to 8:00 a.m., plane           
time, March 9, 1999                                                            

1999-02-01                     House Journal                      Page 0121
HB 28                                                                        
The Speaker waived the Health, Education & Social Services                     
Committee referral for the following at the request of Representative          
Dyson, Co-chair:                                                               
                                                                               
HOUSE BILL NO. 28                                                             
"An Act imposing a surcharge on fines imposed for misdemeanors,               
infractions, and violations and authorizing disposition of estimated           
receipts from that surcharge; and creating the juvenile justice grant          
fund in order to provide financial assistance for the operation of             
youth courts."                                                                 
                                                                               
HB 28 was removed from the Health, Education & Social Services                 
Committee and referred to the Judiciary Committee with a further               
referral to the Finance Committee.                                             
                                                                               
                                                                               
HJR 9                                                                        
Representatives Hudson, Morgan, Halcro and Austerman added their               
names as cosponsors to:                                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 9                                                  
Urging the President of the United States and the Congress to act             
to ensure that federal agencies do not retain records relating to              
lawful purchase or ownership of firearms gathered through the                  
Brady Handgun Bill instant check system.                                       
                                                                               
                                                                               
HB 53                                                                        
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 53                                                             
"An Act relating to allowable absences from the state for purposes            
of eligibility for permanent fund dividends; and providing for an              
effective date."                                                               
                                                                               
HB 54                                                                        
Representative Davis added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 54                                                             
"An Act relating to tattooing and body piercing; and providing for            
an effective date."                                                            

1999-02-01                     House Journal                      Page 0122
HB 72                                                                        
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 72                                                             
"An Act relating to the provision of services for persons with                
handicaps; substituting, in the chapter relating to the rights of              
persons with handicaps and programs for the benefit of persons                 
with handicaps, references to 'disabilities' for references to                 
'handicaps'; correcting references in that chapter in certain                  
definitions; and correcting in that chapter a reference to an act              
under which federal financial support is provided for the support              
of education of the handicapped."                                              
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Labor & Commerce Committee                                                     
3:15 p.m., 2/1 meeting CANCELED                                                
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., February 3, 1999.  There being no              
objection, the House adjourned at 11:38 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk