Legislature(1999 - 2000)
1999-04-20 House Journal
Full Journal pdf1999-04-20 House Journal Page 0875 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 20, 1999 Ninety-second Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:07 a.m. Roll call showed 32 members present. Representatives Halcro, Hudson, Kookesh, Morgan and Phillips had been previously excused from a call of the House today. Representative Masek was excused from a call of the House today due to illness. Representative Therriault was absent and his presence was noted later. Representative Green moved and asked unanimous consent that Representative Moses' previous excuse (page 816) be extended through today. There being no objection, it was so ordered. The invocation was offered by the Reverend Larry Olson of the Eagle Wings Community Church. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord, these men and women have been entrusted with the awesome responsibility of doing the business of this state. We pray for courage and not arrogance; We pray for hope and not wistful thinking; We pray for strength to do the right thing and not just words to justify the wrong thing. We pray for those people and those causes we name in our hearts now. In Your name, we ask these things. Amen 1999-04-20 House Journal Page 0876 The Pledge of Allegiance was led by Representative Berkowitz. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 91st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Whitaker introduced Emilie Ringstad, Guest Page, from Fairbanks. MESSAGES FROM THE GOVERNOR A message dated April 19, 1999, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the Labor & Commerce Committee: Board of Dental Examiners Kenneth L. Crooks, D.D.S. - Dillingham Appointed: 04/07/95 Reappointed: 04/14/99 Expires: 02/01/03 Real Estate Commission Eleanor F. Oakley - Palmer Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 Larry Spencer - Juneau Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 Linda L. Freed - Kodiak Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE HB 128 A message dated April 19, 1999, was read stating the Senate has passed: 1999-04-20 House Journal Page 0877 HB 128 CS FOR HOUSE BILL NO. 128(RLS) "An Act relating to lease-purchases of personal property." CSHB 128(RLS) was referred to the Chief Clerk for enrollment. SCR 2 A message dated April 19, 1999, was read stating the Senate has concurred in the House amendment to SCR 2, thus adopting: HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO. 2(RES) Relating to management of Alaska's wildlife and fish resources. REPORTS OF STANDING COMMITTEES HJR 30 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 30 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. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) 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 earnings reserve account established by statute. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Murkowski, Green, Kott, James, Rokeberg No recommendation (2): Croft, Kerttula The following fiscal note applies to CSHJR 30(JUD): 1999-04-20 House Journal Page 0878 HJR 30 Fiscal note, Office of the Governor, 4/20/99 HJR 30 was referred to the Finance Committee. HB 92 The Finance Committee has considered: HOUSE BILL NO. 92 "An Act relating to municipal taxation of alcoholic beverages." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Bunde, Davies, Davis Do not pass (2): Kohring, Foster No recommendation (4): Therriault, Austerman, Grussendorf, Williams The following fiscal notes apply: Indeterminate fiscal note, Dept. of Revenue, 3/5/99 Zero fiscal note, Dept. of Community & Regional Affairs, 3/5/99 Zero fiscal note, Dept. of Revenue, 3/5/99 HB 92 was referred to the Rules Committee for placement on the calendar. HB 146 The Judiciary Committee has considered: HOUSE BILL NO. 146 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 146(JUD) (same title) 1999-04-20 House Journal Page 0879 HB 146 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, James No recommendation (3): Croft, Murkowski, Kerttula The following fiscal note applies to CSHB 146(JUD): Zero fiscal note, Alaska Court System, 4/14/99 HB 146 was referred to the Rules Committee for placement on the calendar. HB 189 The Finance Committee has considered: HOUSE BILL NO. 189 "An Act authorizing the Alaska Housing Finance Corporation to acquire the building that it occupies for an amount that does not exceed $6,650,000; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 189(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (10): Therriault, Bunde, Kohring, Austerman, Davies, Grussendorf, Davis, Williams, Foster, Mulder The following fiscal note applies to CSHB 189(FIN): Fiscal note, Dept. of Revenue, 4/20/99 HB 189 was referred to the Rules Committee for placement on the calendar. 1999-04-20 House Journal Page 0880 REPORTS OF SPECIAL COMMITTEES HB 183 The House Special Committee on Utility Restructuring has considered: HOUSE BILL NO. 183 "An Act relating to the powers and duties of the chair of the Alaska Public Utilities Commission; relating to membership on the Alaska Public Utilities Commission; and relating to the annual report of the Alaska Public Utilities Commission." and recommends it be replaced with: CS FOR HOUSE BILL NO. 183(URS) "An Act relating to the powers and duties of the chair of the Alaska Public Utilities Commission; relating to membership on the Alaska Public Utilities Commission; relating to political conduct by and removal of members of the Alaska Public Utilities Commission; relating to the annual report of the Alaska Public Utilities Commission; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (6): Porter, Kott, Cowdery, Hudson, Green, Rokeberg The following fiscal note applies to CSHB 183(URS): Zero fiscal note, Dept. of Commerce & Economic Development, 4/20/99 HB 183 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 - Kathy-Jean Lavoie By Representative Berkowitz 1999-04-20 House Journal Page 0881 Honoring - James Underwood By Representative Brice Honoring - Edna-Mae Leanne Bailey, Alaska Delegate to National Town Meeting for a Sustainable America, Detroit, Michigan, May 2-5 By Representative James In Memoriam - Lawrence Henry Lancashire By Representative Davis In Memoriam - Major Timothy M. Curry By Representatives Coghill, Murkowski; Senator Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 37 HOUSE JOINT RESOLUTION NO. 37 by the House Rules Committee by request of the Governor: Proposing an amendment to the Constitution of the State of Alaska relating to subsistence use of renewable natural resources by residents; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries, and the Resources, Judiciary and Finance Committees. The following fiscal note applies: Fiscal note, Office of the Governor, 4/20/99 The Governor's transmittal letter dated April 19, 1999, appears below: "Dear Speaker Porter: In less than six months, on October 1, the Federal Subsistence Board will take over management of subsistence fishing on nearly 60 percent of Alaskas rivers and lakes. That date will mark a historic reversal of Alaskas independence; our state will lose the right to manage a significant portion of the fish and wildlife within its borders. It would 1999-04-20 House Journal Page 0882 HJR 37 be irresponsible to turn over our right and responsibility to manage Alaska's fish and game to the federal government - a right that was at the heart of Alaska Statehood - without doing everything within my power to prevent it. Today I am once again putting forward the only approach that will resolve the subsistence issue. This approach, amending the Alaska Constitution, is the clear way to regain and retain state management of fish and wildlife. Other proposals, which fall short of establishing a rural resident priority, will not meet state constitutional requirements nor satisfy Title VIII of the Alaska National Interest Lands Conservation Act. In the past, the consequences of inaction by the Legislature have been postponed by the action of our Congressional delegation and the Secretary of Interior, but the messages from Washington now are loud and clear -- no one is going to bail us out again this year; there are no more reprieves. Either the Legislature acts to bring the state into compliance with the provisions of ANILCA, or the federal government will take over management of subsistence resources in a significant part of Alaska. This joint resolution calls for a vote on a state constitutional amendment to permit a preference to rural residents for subsistence uses of renewable natural resources, a principle a majority of Alaskans support. Subsistence defines the special tie Alaskans have to our land. It makes us unique among the 50 states. In rural Alaska, subsistence is the special bond that defines the very essence of the rural way of life. The language of the amendment is similar to that proposed in the past by myself, the Governors Subsistence Task Force, and rural legislators. When the amendment is coupled with appropriate statutory changes, it would enable the state to comply with ANILCA and retain complete management of fish, and to regain management of wildlife on all land and water in Alaska. The time is right to give Alaska voters an opportunity to help solve the subsistence dilemma. There are no viable alternatives. Federal funding will enable a federal takeover of subsistence management 1999-04-20 House Journal Page 0883 HJR 37 starting October 1 of this year. On the other hand, if the Legislature has adopted a resolution allowing Alaskans to vote on a constitutional amendment to establish a rural resident priority, that federal money will instead be fully available for state subsistence management of fish and wildlife. I call on the Legislature to take action now. There is still sufficient time this session to pass this resolution and avert a federal takeover. I urge you to demonstrate your faith in Alaskans by allowing a vote on this constitutional amendment. Sincerely, /s/ Tony Knowles Governor" INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 203 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 203 by Representatives Harris and James, entitled: "An Act relating to loans from the agriculture revolving loan fund and to contracts for the sale of state agriculture land; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 204 HOUSE BILL NO. 204 by Representative Harris, entitled: "An Act relating to elk farming." was read the first time and referred to the Resources and Finance Committees. 1999-04-20 House Journal Page 0884 HB 205 HOUSE BILL NO. 205 by Representative Joule, entitled: "An Act relating to the use of snow machines to transport hunters and game across the Dalton Highway corridor." was read the first time and referred to the Transportation Committee. RECONSIDERATION SB 87 Representative Sanders brought up reconsideration of the vote on CSSB 87(L&C) (page 868). The following was again before the House in third reading: CS FOR SENATE BILL NO. 87(L&C) "An Act requiring a license to sell rental car insurance." The question to be reconsidered: "Shall CSSB 87(L&C) pass the House?" The roll was taken with the following result: CSSB 87(L&C)--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 1 EXCUSED: 7 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Ogan Excused: Halcro, Hudson, Kookesh, Masek, Morgan, Moses, Phillips Absent: Barnes, Therriault And so, CSSB 87(L&C) passed the House on reconsideration and was signed by the Speaker and Chief Clerk and returned to the Senate. 1999-04-20 House Journal Page 0885 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 77 The following was read the second time: CS FOR SENATE BILL NO. 77(JUD) "An Act prohibiting certain civil actions against firearms or ammunition manufacturers and dealers." with the: Journal Page JUD RPT HCS(JUD) 5DP 1NR 729 SENATE ZERO FISCAL NOTE (COURT) 3/16/99 729 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 77(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Dyson, Kott and Croft: Page 1, line 8: Delete "related to" Insert "based on" Page 1, line 8: Delete "design, or marketing" Insert "or design" **The presence of Representative Therriault was noted. Representative Dyson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 1999-04-20 House Journal Page 0886 SB 77 Representative Green moved and asked unanimous consent that HCS CSSB 77(JUD) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 77(JUD) am H was read the third time. The question being: "Shall HCS CSSB 77(JUD) am H pass the House?" The roll was taken with the following result: HCS CSSB 77(JUD) am H Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 7 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Halcro, Hudson, Kookesh, Masek, Morgan, Moses, Phillips And so, HCS CSSB 77(JUD) am H passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 20 The following was read the second time: 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. 1999-04-20 House Journal Page 0887 HJR 20 with the: Journal Page EDT RPT 5DP 1NR 622 ZERO FISCAL NOTE (H.EDT) 623 FIN RPT 9DP 823 ZERO FISCAL NOTE (H.EDT) 3/31/99 823 Representative Green moved and asked unanimous consent that HJR20 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 20 was read the third time. The question being: "Shall HJR 20 pass the House?" The roll was taken with the following result: HJR 20 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 7 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Halcro, Hudson, Kookesh, Masek, Morgan, Moses, Phillips And so, HJR 20 passed the House and was referred to the Chief Clerk for engrossment. 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: 1999-04-20 House Journal Page 0888 Honoring - Elmer E. Rasmuson By Representatives Phillips, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Elizabeth 'Betsy' McFarlane By Representatives Williams, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault UNFINISHED BUSINESS HJR 20 Representative Smalley 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 159 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 159 "An Act granting certain employees in correctional facilities status as peace officers under the public employees' retirement system." SB 77 Representatives Green, Brice, Croft and Smalley added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 77(JUD) am H "An Act prohibiting certain civil actions against firearms or ammunition manufacturers and dealers." 1999-04-20 House Journal Page 0889 ENGROSSMENT HJR 20 HJR 20 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 77 HCS CSSB 77(JUD) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 11 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:15 a.m., April 20, 1999: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 11(RES) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. HB 12 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:15 a.m., April 20, 1999: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 12(FIN) am "An Act relating to a utility corridor and railroad right-of-way between the Alaska Railroad and the Alaska-Canada border." HB 71 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:15 a.m., April 20, 1999: 1999-04-20 House Journal Page 0890 HB 71 CS FOR HOUSE BILL NO. 71(CRA) "An Act establishing Kawerak, Inc., as the regional housing authority for the area that includes the Seward Peninsula, Unalakleet, and St. Lawrence Island." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee 6:30 p.m., 4/20 meeting CHANGED TO: 7:00 p.m., 4/20 House Special Committee on Oil & Gas 5:00 p.m., 4/20 meeting CHANGED TO: 5:00 p.m., 4/22¶ ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 21, 1999. There being no objection, the House adjourned at 10:42 a.m. Suzi Lowell Chief Clerk