Legislature(1999 - 2000)

1999-03-15 House Journal

Full Journal pdf

1999-03-15                     House Journal                      Page 0451
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Monday             March 15, 1999         
                                                                               
                               Fifty-sixth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 11:02 a.m.                                                           
                                                                               
Roll call showed 35 members present.  Representatives Austerman,               
Dyson, Hudson, Joule and Phillips had been previously excused from             
a call of the House today.                                                     
                                                                               
The invocation was offered by the Chaplain, Reverend Wilson                    
Valentine of St. Brendan's Episcopal Church.  Representative Davies            
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
We take this moment out from our busy schedule to offer                       
thanks to the One who has the power of creation, that for                      
those who serve a call as elected officers or employees of this                
state and vast land we may be strengthened for, guided in and                  
aware of the many needs and concerns for our common life.                      
As the numbers change from day to day and the work of                          
committees and hearings put pressure on our abilities, help us                 
to keep in mind that the source of all wisdom and reason                       
comes from beyond ourselves.  In a place where recreation                      
and sport race to satisfy us, where beauty and awe call us to                  
be host to those who are beckoned to visit this land and where                 
the richness of environmental resources and natural abundance                  
challenge us to keep in perspective the present and future                     
needs of all Alaskans, we ask for the help of the Spirit of                    
nurture, love and hope to be with us this day.  When evening                   
comes, let the Love of creation give us rest from our labors                   
and clear our minds of the stresses of the day past, so that we                
may begin anew in the dawn of another day.  Amen                               

1999-03-15                     House Journal                      Page 0452
The Pledge of Allegiance was led by Representative Morgan.                     
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 53rd, 54th and 55th legislative days be approved as            
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 22                                                                        
A message dated March 13, 1999, was read stating the Senate has                
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 22(CRA)                                                 
"An Act relating to investigations of property by a municipal                 
assessor or the assessor's agent; and providing for an effective               
date."                                                                         
                                                                               
CSHB 22(CRA) was referred to the Chief Clerk for enrollment.                   
                                                                               
HB 100                                                                       
A message dated March 14, 1999, was read stating the Senate has                
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 100(FIN)(brf sup maj fld)(efd fld)                      
"An Act making and amending capital, supplemental, and other                  
appropriations; making and amending appropriations to capitalize               
funds; ratifying certain expenditures."                                        
                                                                               
with the following amendment with a technical title change and it is           
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN)                                  
"An Act making and amending capital, supplemental, and other                  
appropriations; making and amending appropriations to capitalize               
funds; ratifying certain expenditures; making and amending                     
appropriations under art. IX, sec. 17(c), Constitution of the State            
of Alaska, from the constitutional budget reserve fund; and                    
providing for an effective date."                                              

1999-03-15                     House Journal                      Page 0453
HB 100                                                                       
In the event the House fails to concur in the Senate amendment and             
the Senate fails to recede from its amendment, the President has               
appointed the following Senate members to a Conference Committee:              
                                                                               
Senator Parnell, Chair                                                         
Senator Torgerson                                                              
Senator Adams                                                                  
                                                                               
CSHB 100(FIN)(brf sup maj fld)(efd fld) is under Unfinished Business.          
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
A message dated March 12, 1999, was read stating the Senate has                
passed the following, and it is transmitted for consideration:                 
                                                                               
SB 50                                                                        
SENATE BILL NO. 50 am by the Senate Labor & Commerce                           
Committee by request, entitled:                                                
                                                                               
"An Act relating to certain boiler and pressure vessel inspections            
and inspectors; and providing for an effective date."                          
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Dept. of Revenue                                                               
Office of the Commissioner                                                     
Constitutional Budget Reserve Fund                                             
Annual Report, March 15, 1999                                                  
(as required by AS 37.10.430)                                                  
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       

1999-03-15                     House Journal                      Page 0454
Commemorating - United States Coast Guard, 30 Year Celebration,                
Homer, Alaska                                                                  
By Senator Torgerson                                                           
                                                                               
Honoring - Anchorage Battle of the Books Winners                               
By Senator Leman                                                               
                                                                               
                                                                               
In Memoriam - Dennis Wilson Kowalski                                           
By Representative Davis                                                        
                                                                               
In Memoriam - U. S. Supreme Court Justice Harry A. Blackmun                    
By Representative Croft                                                        
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 137                                                                       
HOUSE BILL NO. 137 by Representative Moses, entitled:                          
                                                                               
"An Act relating to the municipal dividend program; and providing             
for an effective date."                                                        
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, State Affairs and Finance Committees.                                 
                                                                               
HB 138                                                                       
HOUSE BILL NO. 138 by Representative Moses, entitled:                          
                                                                               
"An Act relating to the taxation of income."                                  
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber     upon recess, 3/15         
                                                                               
Minority Caucus                                      upon recess, 3/15         

1999-03-15                     House Journal                      Page 0455
Representative Green moved and asked unanimous consent that the                
House recess.  There being no objection, the House recessed at                 
11:16a.m.                                                                      
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 12:16 p.m.                       
                                                                               
                                                                               
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 100                                                                       
Representative Green moved and asked unanimous consent that the                
House consider the Senate message (page 452) on the following at this          
time:                                                                          
                                                                               
CS FOR HOUSE BILL NO. 100(FIN)(brf sup maj fld)(efd fld)                      
"An Act making and amending capital, supplemental, and other                  
appropriations; making and amending appropriations to capitalize               
funds; ratifying certain expenditures."                                        
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN)                                  
"An Act making and amending capital, supplemental, and other                  
appropriations; making and amending appropriations to capitalize               
funds; ratifying certain expenditures; making and amending                     
appropriations under art. IX, sec. 17(c), Constitution of the State            
of Alaska, from the constitutional budget reserve fund; and                    
providing for an effective date."                                              
(technical title change)                                                      
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved that the House concur in the Senate                 
amendment to CSHB 100(FIN)(brf sup maj fld)(efd fld), thus adopting            
SCS CSHB 100(FIN), and recommended that the members vote no.                   
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 100(FIN)(brf sup maj fld)(efd fld)?"  The roll was taken with          
the following result:                                                         

1999-03-15                     House Journal                      Page 0456
HB 100                                                                        
                                                                               
SCS CSHB 100(FIN)                                                              
Concur                                                                         
                                                                               
YEAS:  1   NAYS:  34   EXCUSED:  5   ABSENT:  0                              
                                                                               
Yeas:  Moses                                                                   
                                                                               
Nays:  Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery,              
Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris,              
James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek,              
Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders,                    
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Excused:  Austerman, Dyson, Hudson, Joule, Phillips                            
                                                                               
And so, the House failed to concur in the Senate amendment, thus               
failing to adopt SCS CSHB 100(FIN).                                            
                                                                               
The Chief Clerk was instructed to so notify the Senate and respectfully        
request it to recede.                                                          
                                                                               
In the event the Senate fails to recede from its amendment, the Speaker        
appointed the following members to a Conference Committee to meet              
with the like committee from the Senate (page 453) to consider the             
above bills:                                                                   
                                                                               
Representative Mulder, Chair                                                   
Representative Therriault                                                      
Representative Grussendorf                                                     
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 76                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 76                                                             
"An Act relating to an exemption from and deferral of payment on              
municipal taxes on deteriorated property; and providing for an                 
effective date."                                                               

1999-03-15                     House Journal                      Page 0457
HB 76                                                                        
with the:                                                 Journal Page         
                                                                               
	CRA RPT  CS(CRA) 4DP 2NR                                          321         
	ZERO FISCAL NOTE (CRA)                                            321         
	RLS RPT CS(RLS) 3DP 2NR                                           402         
	ZERO FISCAL NOTE (CRA) 2/26/99                                    403         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 76(RLS)                                                 
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHB
76(RLS) be considered engrossed, advanced to third reading and                 
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 76(RLS) was read the third time.                                          
                                                                               
Representative Halcro moved and asked unanimous consent that CSHB
76(RLS) be returned to second reading for the specific purpose of              
considering Amendment No. 1.  There being no objection, it was so              
ordered.                                                                       
                                                                               
Amendment No. 1 was offered  by Representatives Croft, Halcro and               
Davies:                                                                        
                                                                               
Page 2, line 5, following "effect":                                        
	Insert "on the same portion of the property"                              
                                                                               
Representative Halcro moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kott objected and withdrew the objection.  There being          
no further objection, Amendment No. 1 was adopted.                             
                                                                               
The question being:  "Shall CSHB 76(RLS) am pass the House?"  The              
roll was taken with the following result:                                      

1999-03-15                     House Journal                      Page 0458
HB 76                                                                        
                                                                               
CSHB 76(RLS) am                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  5   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft,              
Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, James,              
Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan,             
Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Smalley,            
Therriault, Whitaker, Williams                                                 
                                                                               
Excused:  Austerman, Dyson, Hudson, Joule, Phillips                            
                                                                               
Absent:  Bunde                                                                 
                                                                               
And so, CSHB 76(RLS) am passed the House.                                      
                                                                               
Representative Green 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 76(RLS) am was referred to the Chief Clerk for engrossment.               
                                                                               
                                                                               
HB 80                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 80                                                             
"An Act relating to a state employment preference for certain                 
members of the Alaska National Guard."                                         
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	MLV RPT  7DP                                                      235         
	ZERO FISCAL NOTE (ADM)                                            235         
	STA RPT  CS(STA) 6DP                                              321         
	ZERO FISCAL NOTE (ADM) 2/17/99                                    322         
                                                                               

1999-03-15                     House Journal                      Page 0459
HB 80                                                                        
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 80(STA)                                                 
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHB
80(STA) be considered engrossed, advanced to third reading and                 
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 80(STA) was read the third time.                                          
                                                                               
The question being:  "Shall CSHB 80(STA) pass the House?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 80(STA)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  5   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery,              
Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris,              
James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek,              
Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders,             
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Excused:  Austerman, Dyson, Hudson, Joule, Phillips                            
                                                                               
And so, CSHB 80(STA) passed the House and was referred to the                  
Chief Clerk for engrossment.                                                   
                                                                               
HB 93                                                                        
The Speaker stated that, without objection, the following would be             
held to the March 16, 1999 calendar:                                           
                                                                               
HOUSE BILL NO. 93                                                             
"An Act relating to the Alaska Housing Finance Corporation's                  
rural assistance loan program and to the definition of 'housing' for           

1999-03-15                     House Journal                      Page 0460
HB 93                                                                        
purposes of the corporation's housing assistance loan program; and            
providing for an effective date."                                              
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 9                                                                        
The Speaker stated that, without objection, the following which had            
been held over from the March 12, 1999 calendar (page 442), would              
be held to the March 16, 1999 calendar:                                        
                                                                               
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.                                       
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
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:                   
                                                                               
Honoring - John Sayles and Maggie Renzi                                        
By Representatives Kerttula, Hudson, Porter, Berkowitz, Cissna, Davis,         
Grussendorf, Harris, James, Kapsner, Morgan, Mulder, Rokeberg,                 
Therriault, Williams; Senator Elton                                            
                                                                               
                                                                               
In Memoriam - Gertrude Elizabeth Lavigne                                       
By Representatives Barnes, Mulder, Porter, Berkowitz, Cissna,                  
Cowdery, Davis, Foster, Grussendorf, Harris, Hudson, James, Kapsner,           
Kerttula, Morgan, Phillips, Rokeberg, Therriault, Williams                     
                                                                               
In Memoriam - Dorothy "Betty" Hofstad Bodding                                  
By Representatives Williams, Porter, Berkowitz, Cissna, Davis, Foster,         
Grussendorf, Harris, Hudson, James, Kerttula, Morgan, Mulder,                  
Phillips, Rokeberg, Therriault                                                 
                                                                               
                                                                               

1999-03-15                     House Journal                      Page 0461
                             UNFINISHED BUSINESS                             
                                                                               
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 Moses - from 7:12 a.m., April 1 to 9:30 p.m., plane             
time, April 5, 1999                                                            
                                                                               
Representative Ogan - from 7:15 a.m., March 19 to 9:20 p.m., plane             
time, March 20, 1999                                                           
                                                                               
Representative Cissna - from 1:23 p.m., April 1 to 9:33 a.m., plane            
time, April 6, 1999                                                            
                                                                               
Representative Kapsner - from 7:00 a.m., March 18 to 1:49 p.m., plane          
time, March 22, 1999                                                           
                                                                               
Representative Phillips - from 1:23 p.m., March 12 to 9:30 p.m., plane         
time, March 16, 1999 (amended from page 328)                                   
                                                                               
HJR 9                                                                        
Representative Kapsner added her name as cosponsor 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 1                                                                         
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 1                                                              
"An Act relating to collective bargaining agreements and                      
arbitration awards of class (a)(1) municipal employees."                       
HB 53                                                                        
Representative Kerttula added her name as cosponsor to:                        
                                                                               
HOUSE BILL NO. 53                                                             
"An Act relating to allowable absences from the state for purposes            

1999-03-15                     House Journal                      Page 0462
HB 53                                                                        
of eligibility for permanent fund dividends; and providing for an             
effective date."                                                               
                                                                               
HB 76                                                                        
Representatives Kemplen, Mulder and Croft added their names as                 
cosponsors to:                                                                 
                                                                               
CS FOR HOUSE BILL NO. 76(RLS) am                                              
"An Act relating to an exemption from and deferral of payment on              
municipal taxes on deteriorated property; and providing for an                 
effective date."                                                               
                                                                               
HB 80                                                                        
Representatives Kemplen and James added their names as cosponsors              
to:                                                                            
                                                                               
CS FOR HOUSE BILL NO. 80(STA)                                                 
"An Act relating to a state employment preference for certain                 
members of the Alaska National Guard."                                         
                                                                               
HB 93                                                                        
Representatives Smalley and Kemplen added their names as cosponsors            
to:                                                                            
                                                                               
HOUSE BILL NO. 93                                                             
"An Act relating to the Alaska Housing Finance Corporation's                  
rural assistance loan program and to the definition of 'housing' for           
purposes of the corporation's housing assistance loan program; and             
providing for an effective date."                                              
                                                                               
HB 96                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 96                                      
"An Act relating to deposits to the Alaska permanent fund; and                
providing for an effective date."                                              
                                                                               

1999-03-15                     House Journal                      Page 0463
HB 133                                                                       
Representative Halcro added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 133                                                            
"An Act relating to municipal service areas and providing for voter           
approval of the formation, alteration, or abolishment of certain               
service areas; and providing for an effective date."                           
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 76                                                                        
CSHB 76(RLS) am was engrossed, signed by the Speaker and Chief                 
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 80                                                                        
CSHB 80(STA) 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.            
                                                                               
The following meetings today have been changed as indicated:                   
                                                                               
Finance Committee                                                              
1:30 p.m., 3/15 meeting CHANGED TO:                    1:45 p.m., 3/15         
                                                                               
Judiciary Committee                                                            
1:00 p.m., 3/15 meeting CHANGED TO:                    1:15 p.m., 3/15         
                                                                               
Resources Committee                                                            
1:00 p.m., 3/15 meeting CHANGED TO:                    1:30 p.m., 3/15         
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 16, 1999.  There being no                
objection, the House adjourned at 12:54 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk