Legislature(1999 - 2000)

1999-03-22 House Journal

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1999-03-22                     House Journal                      Page 0527
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Monday             March 22, 1999         
                                                                               
                               Sixty-third Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 11:04 a.m.                                                           
                                                                               
                                                                               
Roll call showed 28 members present.  Representatives Harris,                  
Kapsner, Kohring and Kott had been previously excused from a call              
of the House today.   The previous excuses for Representatives Davis           
and Whitaker (pages 227 and 483) were extended through today.                  
Representatives Berkowitz, Croft, Davies, Moses, Rokeberg and                  
Williams were absent and their presence was noted later.                       
                                                                               
The invocation was offered by the Reverend Leon Thompson of the                
Chapel by the Lake.  Representative Ogan moved and asked                       
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
Dear God,                                                                     
                                                                               
Our hearts are filled with thanksgiving this morning.  We give                
thanks for life, breath, intelligence, health, co-workers,                     
helpers, friends and family.  We give thanks for the gifts,                    
talents, and abilities we hold.  We even give thanks for those                 
who challenge us and even disagree with us.                                    
                                                                               
Help each of us in this day to act with courage and integrity.                
Where there is need to confront, let us do it with a spirit of                 
love.  Where there is a need to listen, give us ears to hear.                  
Where there is need for vision, give us eyes to see.  Where                    
there is a need to speak, give us courage to proclaim the truth.               
Where there is need for justice, let us stand boldly.  When this               

1999-03-22                     House Journal                      Page 0528
day of work is complete may each of us look back upon it and                   
say with a clear and good conscience, "I did my best, well                     
done."                                                                         
                                                                               
This day may each of us be reminded of the prayer of                          
serenity:                                                                      
                                                                               
"God, grant me the serenity to accept the things I cannot                     
change; the courage to change the things I  can; and the                       
wisdom to know the difference."                                                
                                                                               
Oh God, may these representatives of this body work for the                   
good of all the peoples of this great land we call Alaska.                     
Surround them this day with Your presence and give them the                    
willingness to call upon Your strength and wisdom in all that                  
they do.                                                                       
                                                                               
This prayer we give to You in honor of all You have done for                  
us and continue to do.  Amen                                                   
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Kookesh.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 58th, 59th, 60th, 61st and 62nd legislative days be            
approved as certified by the Chief Clerk.  There being no objection, it        
was so ordered.                                                                
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
SB 12                                                                        
A message dated March 19, 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:               
                                                                               
SENATE BILL NO. 12                                                            
"An Act classifying anadromous streams and tributaries; relating              
to the designation of riparian areas; establishing buffers on certain          

1999-03-22                     House Journal                      Page 0529
SB 12                                                                        
streams and relating to slope stability standards on certain streams;         
and requiring retention of low value timber along certain water                
bodies where prudent."                                                         
                                                                               
Chapter No. 3, SLA 1999                                                       
Effective Date:  June 17, 1999                                                
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Alaska Court System                                                            
Annual Report 1998                                                             
                                                                               
The following audit report was received:                                       
                                                                               
Division of Legislative Audit                                                  
Legislative Budget & Audit Committee                                           
(as required by AS 24.20.311)                                                  
                                                                               
  Dept. of Commerce & Economic Development                                     
  Alaska Public Utilities Commission                                           
  December 23, 1998                                                            
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 21                                                                        
The Health, Education & Social Services Committee submitted the                
following report to correct the report submitted on March 19, 1999             
(page 508) for:                                                                
                                                                               
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."                         
                                                                               
and recommends it be replaced with:                                            
                                                                               

1999-03-22                     House Journal                      Page 0530
HB 21                                                                        
CS FOR HOUSE BILL NO. 21(HES)                                                 
"An Act making a special appropriation for the medical assistance             
for needy persons program and for certain programs relating to                 
tobacco smoking and use; 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.                                   
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citation was introduced and referred to the Rules                
Committee for placement on the calendar:                                       
                                                                               
In Memoriam - Eddy Lou Thacker                                                 
By Representative Coghill                                                      
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 150                                                                       
HOUSE BILL NO. 150 by the House Judiciary Committee, entitled:                 
                                                                               
"An Act relating to franchise agreements for the sale of alcoholic            
beverages."                                                                    
                                                                               
was read the first time and referred to the Judiciary and Labor &              
Commerce Committees.                                                           
                                                                               
                                                                               
**The presence of Representative Davies was noted.                             
                                                                               

1999-03-22                     House Journal                      Page 0531
HB 151                                                                       
HOUSE BILL NO. 151 by Representative Kott, entitled:                           
                                                                               
"An Act relating to revocation and reinstatement of the driver's              
license of a person at least 14 but not yet 21 years of age."                  
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
HB 152                                                                       
HOUSE BILL NO. 152 by the House Judiciary Committee, entitled:                 
                                                                               
"An Act relating to access to criminal history records and to                 
revocation of or failure to renew certain licenses based on criminal           
conduct or alleged criminal conduct; and providing for an effective            
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
**The presence of Representative Moses was noted.                              
                                                                               
HB 153                                                                       
HOUSE BILL NO. 153 by Representative Coghill, entitled:                        
                                                                               
"An Act relating to leave for certain state employees."                       
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
**The presence of Representative Williams was noted.                           
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 21                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 21                                                 
Relating to new evaluation and selection criteria for military base           
realignment and closure actions.                                               

1999-03-22                     House Journal                      Page 0532
HJR 21                                                                       
with the:                                                 Journal Page         
                                                                               
	MLV RPT  5DP                                                      406         
	ZERO FISCAL NOTE (H.MLV)                                          407         
	STA RPT  6DP                                                      466         
	ZERO FISCAL NOTE (H.MLV) 3/10/99                                  467         
                                                                               
                                                                               
**The presence of Representative Rokeberg was noted.                           
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that                    
HJR21 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HJR 21 was read the third time.                                                
                                                                               
                                                                               
**The presence of Representatives Berkowitz and Croft was noted.               
                                                                               
                                                                               
The question being:  "Shall HJR 21 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HJR 21                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro,             
Hudson, James, Joule, Kemplen, Kerttula, Kookesh, Masek, Morgan,               
Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders,           
Smalley, Therriault, Williams                                                  
                                                                               
Excused:  Davis, Harris, Kapsner, Kohring, Kott, Whitaker                      
                                                                               
And so, HJR 21 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               

1999-03-22                     House Journal                      Page 0533
                            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 - Bill and Helen Chenault                                             
By Representatives Smalley, Porter, Austerman, Barnes, Berkowitz,              
Brice, Croft, Davies, Dyson, Grussendorf, Harris, Hudson, James,               
Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Phillips, Rokeberg,            
Sanders, Therriault, Williams                                                  
                                                                               
                                                                               
Celebrating - Kenai Community Library, 50 Years of Service                     
By Representatives Smalley, Porter, Austerman, Barnes, Berkowitz,              
Brice, Bunde, Cissna, Croft, Davies, Dyson, Green, Grussendorf,                
Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan,                 
Mulder, Phillips, Rokeberg, Sanders, Therriault, Williams                      
                                                                               
                                                                               
Honoring - Caroline Cremo Renner and the Bethel Tobacco Control                
Alliance                                                                       
By Representatives Kapsner, Porter, Austerman, Barnes, Berkowitz,              
Brice, Bunde, Cissna, Croft, Davies, Dyson, Green, Grussendorf,                
Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Rokeberg,               
Sanders, Smalley, Williams                                                     
                                                                               
                                                                               
Honoring - Ramy Brooks, Winner of the 1999 Yukon Quest                         
By Representatives Davies, Porter, Austerman, Barnes, Berkowitz,               
Brice, Bunde, Cissna, Croft, Dyson, Green, Grussendorf, Harris,                
Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder,                 
Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams                     
                                                                               
                                                                               
Honoring - Chugiak High School Mock Trial Law Team                             
By Senators Phillips, Halford; Representatives Dyson, Kohring, Porter,         
Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies,             
Green, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula,           
Kott, Morgan, Mulder, Rokeberg, Sanders, Smalley, Therriault,                  
Williams                                                                       

1999-03-22                     House Journal                      Page 0534
In Memoriam - Susie "Aporin" Minista                                           
By Representatives Kapsner, Porter, Austerman, Barnes, Berkowitz,              
Brice, Cissna, Croft, Davies, Dyson, Foster, Grussendorf, Hudson,              
James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Phillips,               
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
                                                                               
In Memoriam - Dorothy K. Ricks                                                 
By Representatives Smalley, Porter, Austerman, Barnes, Berkowitz,              
Brice, Cissna, Croft, Davies, Dyson, Foster, Grussendorf, Harris,              
Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder,                 
Phillips, Rokeberg, Sanders, Therriault, Williams                              
                                                                               
                                                                               
In Memoriam - George Motschman                                                 
By Representatives Foster, Porter, Austerman, Barnes, Berkowitz,               
Brice, Cissna, Croft, Davies, Dyson, Grussendorf, Harris, Hudson,              
James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Phillips,               
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
                                                                               
In Memoriam - Floyd Keith McGahan                                              
By Representatives Smalley, Porter, Austerman, Barnes, Berkowitz,              
Brice, Cissna, Croft, Davies, Dyson, Foster, Grussendorf, Harris,              
Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder,                 
Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams                     
                                                                               
                                                                               
In Memoriam - Robert "Bob" Huff                                                
By Representatives Rokeberg, Porter, Austerman, Barnes, Berkowitz,             
Brice, Croft, Davies, Dyson, Foster, Grussendorf, Halcro, Harris,              
Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder,                 
Phillips, Sanders, Smalley, Therriault, Williams; Senator Pearce               
                                                                               
                                                                               
In Memoriam - Carol A. Williams                                                
By Senator Ward; Representatives Porter, Austerman, Barnes,                    
Berkowitz, Brice, Croft, Davies, Dyson, Foster, Grussendorf, Harris,           
Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder,                 
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               

1999-03-22                     House Journal                      Page 0535
                             UNFINISHED BUSINESS                             
                                                                               
Representative Green moved and asked unanimous consent that the                
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
                                                                               
Representative Barnes - from 7:00 p.m., March 23 to 9:20 p.m., plane           
time, March 29, 1999 (amended from page 519)                                   
                                                                               
                                                                               
HJR 21                                                                       
Representatives Green, Kemplen, Dyson, Ogan and Hudson added their             
names as cosponsors to:                                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 21                                                 
Relating to new evaluation and selection criteria for military base           
realignment and closure actions.                                               
                                                                               
HB 36                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 36                                                             
"An Act relating to the establishment of Operation About Face as              
an alternative type of juvenile detention and treatment."                      
                                                                               
                                                                               
HB 111                                                                       
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 111                                                            
"An Act relating to unemployment compensation for persons                     
employed by educational institutions in other than educational,                
research, or principal administrative capacities."                             
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 21                                                                       
HJR 21 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   

1999-03-22                     House Journal                      Page 0536
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
The following meeting today has been changed as indicated:                     
                                                                               
Labor & Commerce Committee                                                     
3:15 p.m., 3/22 meeting CANCELED                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 24, 1999.  There being no                
objection, the House adjourned at 11:32 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk