Legislature(1999 - 2000)
1999-03-19 House Journal
Full Journal pdf1999-03-19 House Journal Page 0503 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday March 19, 1999 Sixtieth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:06 a.m. Roll call showed 32 members present. Representatives Coghill, Davis, Kapsner, Kohring, Kookesh, Murkowski, Ogan and Whitaker had been previously excused from a call of the House today. The invocation was offered by the Reverend Wilson Valentine of St. Brendan's Episcopal Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: As the work week draws to a close, the call of service continues for these women and men who do the legislative business that directs, protects and sustains our mutual endeavors and lives. Assist them through Divine presence so that they may continue with the understanding of how to administer the vast resources, labors and opportunities for this land and its people. Our lives and times are in the comfort of Your loving embrace; strengthen each of us as we stand against injustice, comfort us when we face defeat or disappointment, raise us up when we fall short of Your will for us and guard us in success and accomplishment against pride or conceit. Then, grant to all the knowledge of truth in striving for wholeness and peace in the work that we do as public servants of the State of Alaska. Help us to remember that when this day ends, we do not leave Your care and presence, but are connected through common spirit and 1999-03-19 House Journal Page 0504 purpose. May the blessing of the One who creates, redeems and sanctifies be with you all until you come together again in this chamber. Amen The Pledge of Allegiance was led by Representative Kemplen. * * * * * Representative Austerman requested that the House stand for a moment of silence to honor the lives and families of the crew of the Kodiak fishing vessel, Lin-J. MESSAGES FROM THE GOVERNOR HB 100 A message dated March 18, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 100 "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." Chapter No. 2, SLA 1999 Effective Date: See Chapter SB 35 A message dated March 18, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 35(L&C) "An Act extending the termination date of the Board of Marine Pilots." Chapter No. 1, SLA 1999 Effective Date: June 16, 1999 1999-03-19 House Journal Page 0505 COMMUNICATIONS The following reports were received: Office of the Governor Alaska Children's Trust Annual Report 1998 (as required by AS 37.14.230) Dept. of Health & Social Services Alaska Juvenile Justice Advisory Committee Annual Report 1998 REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Linda Cyra-Korsgaard Marcia R. Davis D. Lance Mearig, P.E. as members of the State Board of Registration for Architects, Engineers, and Land Surveyors, Carol J. Davis, D.C. Steven D. Messerschmidt Sean C. Siegel as members of the Board of Chiropractic Examiners, Roberta Rawcliffe as a member of the Board of Dispensing Opticians, Blair E. Marcotte Raymond P. Smith as members of the Alaska Labor Relations Agency, 1999-03-19 House Journal Page 0506 Robert M. Berto as a member of the Board of Marine Pilots, Sandra M. Samaniego as a member of the Board of Marital and Family Therapy, Keith M. Brownsberger, M.D. Sheila Means as members of the State Medical Board, Marilyn Holmes as a member of the Board of Certified Direct-Entry Midwives, Barbara Berner, A.N.P., Ed.D. as a member of the Board of Nursing, Thomas N. Carter Erik D. Christianson, O.D. John C. Cobbett, O.D. as members of the Board of Examiners in Optometry, Margaret D. Soden, R.Ph. as a member of the Board of Pharmacy, JoAnne Bell-Graves Leslie F. Schwartz as members of the State Physical Therapy and Occupational Therapy Board, Toni Chrestman Anne L. Henry David F. Leonard, Esq. Allan A. Morotti, Ph.D. Robert L. Pound 1999-03-19 House Journal Page 0507 as members of the Board of Professional Counselors, Paul Craig as a member of the Board of Psychologist and Psychological Associate Examiners, Vince Coan James A. Hage as members of the Board of Certified Real Estate Appraisers, Denny Patella as a member of the Board of Social Work Examiners, Connie J. Sanders, D.V.M. as a member of the Board of Veterinary Examiners; and Dorothy Bradshaw Nancy J. Ridgley Philip E. Ulmer as members of the Alaska Workers' Compensation Board. The reports were signed by Representative Rokeberg, Chair; and Representatives Sanders, Harris, Cissna, Halcro, Murkowski and Brice. The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Nelson G. Page, Esq. as a member of the Alaska Mental Health Trust Authority Board of Trustees. The report was signed by Representatives Dyson and Coghill, Co- chairs; and Representatives Whitaker, Morgan, Kemplen, Green and Brice. 1999-03-19 House Journal Page 0508 The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. HB 21 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 21 "An Act making a special appropriation for the medical assistance for needy persons program and for certain programs relating to tobacco smoking; and providing for an effective date." The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (3): Green, Morgan, Whitaker No recommendation (2): Dyson, Coghill HB 21 was referred to the Finance Committee. HB 37 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 37 "An Act relating to smoking education and cessation programs administered by the Department of Health and Social Services." and recommends it be replaced with: CS FOR HOUSE BILL NO. 37(HES) "An Act relating to restricting sale of cigarettes, to enforcement of certain laws relating to sales of cigarettes, and to smoking education and cessation programs administered by the Department of Health and Social Services." The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (2): Brice, Whitaker 1999-03-19 House Journal Page 0509 HB 37 No recommendation (5): Green, Morgan, Dyson, Coghill, Kemplen The following fiscal note applies to CSHB 37(HES): Zero fiscal note, Dept. of Health & Social Services, 3/19/99 HB 37 was referred to the Rules Committee for placement on the calendar. HB 87 The Finance Committee has considered: HOUSE BILL NO. 87 "An Act relating to money credited to the account of the state in the unemployment trust fund by the Secretary of the Treasury of the United States; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Mulder, Austerman, Grussendorf, Davies, Moses, Williams, Kohring The following fiscal note applies: Fiscal note, Dept. of Labor, 3/5/99 HB 87 was referred to the Rules Committee for placement on the calendar. HB 101 The Labor & Commerce Committee has considered: HOUSE BILL NO. 101 "An Act relating to the reinstatement of corporations that are public utilities; and providing for an effective date." and recommends it be replaced with: 1999-03-19 House Journal Page 0510 HB 101 CS FOR HOUSE BILL NO. 101(L&C) "An Act relating to the mailing requirements that must be followed by the commissioner of commerce and economic development to involuntarily dissolve certain organized entities; relating to the reinstatement of corporations that are public utilities and that have been involuntarily dissolved; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (6): Rokeberg, Halcro, Sanders, Cissna, Harris, Murkowski No recommendation (1): Brice The following fiscal note applies to CSHB 101(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/10/99 HB 101 was referred to the Rules Committee for placement on the calendar. HB 112 The Finance Committee has considered: HOUSE BILL NO. 112 "An Act establishing the Alaska public building fund; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (7): Mulder, Kohring, Davies, Grussendorf, Moses, Davis, Williams No recommendation (2): Therriault, Austerman The following fiscal note applies: Zero fiscal note, Office of the Governor/All Depts., 3/10/99 1999-03-19 House Journal Page 0511 HB 112 HB 112 was referred to the Rules Committee for placement on the calendar. HB 127 The Transportation Committee has considered: HOUSE BILL NO. 127 "An Act relating to the sale of studded tires; and providing for an effective date." The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (5): Hudson, Kemplen, Cowdery, Halcro, Masek No recommendation (1): Sanders The following fiscal note applies: Zero fiscal note, Dept. of Transportation & Public Facilities, 3/19/99 HB 127 was referred to the Labor & Commerce Committee. REPORTS OF SPECIAL COMMITTEES HB 62 The House Special Committee on Utility Restructuring has considered: HOUSE BILL NO. 62 "An Act relating to the Alaska Public Utilities Commission; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 62(URS) "An Act extending the termination date of the Alaska Public Utilities Commission until June 30, 2001; and providing for an effective date." 1999-03-19 House Journal Page 0512 HB 62 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Davies, Cowdery, Hudson, Kott, Porter No recommendation (1): Berkowitz The following fiscal note applies to CSHB 62(URS): Zero fiscal note, Dept. of Commerce & Economic Development, 3/19/99 HB 62 was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Bill and Helen Chenault By Representative Smalley Celebrating - Kenai Community Library, 50 Years of Service By Representative Smalley Honoring - Caroline Cremo Renner and the Bethel Tobacco Control Alliance By Representative Kapsner Honoring - Ramy Brooks, Winner of the 1999 Yukon Quest By Representative Davies Honoring - Chugiak High School Mock Trial Law Team By Senators Phillips, Halford; Representatives Dyson, Kohring In Memoriam - Susie "Aporin" Minista By Representative Kapsner In Memoriam - Dorothy K. Ricks By Representative Smalley 1999-03-19 House Journal Page 0513 In Memoriam - George Motschman By Representative Foster In Memoriam - Floyd Keith McGahan By Representative Smalley In Memoriam - Robert "Bob" Huff By Representative Rokeberg; Senator Pearce In Memoriam - Carol A. Williams By Senator Ward INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 4 HOUSE CONCURRENT RESOLUTION NO. 4 by Representatives Porter and Barnes: Supporting the responsible development of the Tulsequah Chief Mine through the cooperative effort of Alaska and British Columbia and urging Governor Knowles to withdraw his request for a referral of the Tulsequah Chief Mine to the International Joint Commission under the Boundary Waters Treaty. was read the first time and referred to the Resources Committee. HJR 30 HOUSE JOINT RESOLUTION NO. 30 by Representative James: Proposing amendments to the Constitution of the State of Alaska repealing provisions relating to the constitutional budget reserve fund and providing that the balance in the fund be deposited into the budget reserve fund established by statute. was read the first time and referred to the Judiciary and Finance Committees. 1999-03-19 House Journal Page 0514 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 124 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 124 by Representative James, entitled: "An Act relating to the taxation of income, permitting the legislature to use certain income tax proceeds to make appropriations for public schools, and providing a credit against the tax for certain property taxes." was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. HB 126 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 by Representative Coghill, entitled: "An Act relating to sign language interpreters; establishing the Alaska State Board of American Sign Language Interpreters; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. HB 142 HOUSE BILL NO. 142 by Representative Davis, entitled: "An Act relating to the education credit for the fisheries business tax and the fisheries resource landing tax; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 143 HOUSE BILL NO. 143 by Representative Rokeberg, entitled: "An Act relating to the executive officer employed for the Real Estate Commission, to educational materials published by the Real 1999-03-19 House Journal Page 0515 HB 143 Estate Commission, to the Real Estate Surety Fund, to contracts by the Real Estate Commission, and to disclosures in real property transactions." was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. HB 144 HOUSE BILL NO. 144 by Representative Ogan, entitled: "An Act relating to access to public buildings or public facilities by legislators and to audits of public buildings or public facilities." was read the first time and referred to the State Affairs and Finance Committees. HB 145 HOUSE BILL NO. 145 by Representative Ogan, entitled: "An Act determining the facilities constituting a school for purposes of public school funding; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 146 HOUSE BILL NO. 146 by Representative Kott, entitled: "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 147 HOUSE BILL NO. 147 by the House Health, Education & Social Services Committee, entitled: 1999-03-19 House Journal Page 0516 HB 147 "An Act relating to vulnerable adults; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 148 HOUSE BILL NO. 148 by the House Health, Education & Social Services Committee, entitled: "An Act establishing an in-home and community-based services program for certain adults with long-term care needs; and providing for an effective date." was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. HB 149 HOUSE BILL NO. 149 by Representative Davis by request, entitled: "An Act relating to insurance coverage for treatment of mental illness and substance abuse; repealing provisions of ch. 8, SLA 1997, that terminates required mental health benefit coverage; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 68 The following was read the second time: HOUSE BILL NO. 68 "An Act extending the termination date of the Board of Pharmacy to June 30, 2005; and providing for an effective date." 1999-03-19 House Journal Page 0517 HB 68 with the: Journal Page L&C RPT 7DP 320 FISCAL NOTE (DCED) 320 FIN RPT 9DP 359 ZERO FISCAL NOTE (DCED) 2/26/99 359 Representative Green moved and asked unanimous consent that HB 68 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 68 was read the third time. The question being: "Shall HB 68 pass the House?" The roll was taken with the following result: HB 68 Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 8 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Williams Excused: Coghill, Davis, Kapsner, Kohring, Kookesh, Murkowski, Ogan, Whitaker And so, HB 68 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. HB 68 was referred to the Chief Clerk for engrossment. 1999-03-19 House Journal Page 0518 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 - Pat Porter By Representatives Smalley, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Therriault, Williams Honoring - James Mason, Sports Official By Senator Leman; Representatives Porter, Austerman, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Christina Janice Obruk By Representatives Foster, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 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 Green - from 8:00 a.m., April 9 to 10:00 p.m., plane time, April 11, 1999 Representative Halcro - from noon, March 26 to 9:32 p.m., plane time, March 28, 1999 Representative Coghill - from 6:00 p.m., April 1 to 9:30 p.m., plane time, April 5, 1999 1999-03-19 House Journal Page 0519 Representative Whitaker - from 7:21 p.m., March 31 to 9:20 p.m., plane time, April 5, 1999 Representative Kemplen - from 1:23 p.m., April 1 to 9:33 a.m., plane time, April 6, 1999 (amended from page 327) Representative Kemplen - from 1:23 p.m., March 19 to 9:33 a.m., plane time, March 22, 1999 Representative Barnes - from 7:00 p.m., March 23 to 9:20 p.m., plane time, March 25, 1999 Representative Smalley - from 1:23 p.m., March 31 to 9:33 a.m., plane time, April 6, 1999 Representative Cowdery - from 2:30 p.m., March 31 to 9:20 a.m., plane time, April 6, 1999 (amended from page 120) HJR 20 Representative Dyson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 20 Urging the Congress to amend the Internal Revenue Code of 1986 to eliminate the marriage penalty by providing that income tax rate bracket amounts, and the amount of the standard deduction, for joint returns shall be twice the amounts applicable to unmarried individuals. HB 109 Representative Phillips removed her name as cosponsor to: HOUSE BILL NO. 109 "An Act relating to management of fish and game in Glacier Bay National Park and Preserve and navigable waters." ENGROSSMENT HB 68 HB 68 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1999-03-19 House Journal Page 0520 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 22, 1999. There being no objection, the House adjourned at 11:44 a.m. Suzi Lowell Chief Clerk