Legislature(1999 - 2000)

1999-04-21 House Journal

Full Journal pdf

1999-04-21                     House Journal                      Page 0893
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                     Wednesday            April 21, 1999         
                                                                               
                               Ninety-third Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:15 a.m.                                                           
                                                                               
                                                                               
Roll call showed 36 members present.  Representatives Halcro,                  
Kookesh and Morgan 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.                                                    
                                                                               
In lieu of the invocation, the Alaska Flag Song was performed by an            
ensemble from Up With People.  Representative Berkowitz moved and              
asked unanimous consent that the song be spread on the journal.                
There being no objection, it appears below:                                    
                                                                               
  Alaska's Flag Song                                                         
                                                                               
Eight stars of gold on a field of blue,                                        
Alaska's flag, may it mean to you                                              
The blue of the sea, the evening sky,                                          
The mountain lakes, and the flow'rs nearby;                                    
The gold of the early sourdough dreams,                                        
The precious gold of the hills and streams;                                    
The brilliant stars in the northern sky,                                       
The "Bear," the "Dipper," and shining high,                                    
The great North Star with its steady light,                                    
Over land and sea a beacon bright.                                             
Alaska's flag, to Alaskans dear,                                               
The simple flag of a last frontier.                                            
                                                                               
--Marie Drake                                                                  

1999-04-21                     House Journal                      Page 0894
The ensemble members were: Amanda Childs (Oregon), Anastasia                   
Shoun (Indiana), Janine Guinn (Canada/Manitoba), Eric Robinson                 
(Wisconsin), Jo Beitia (Australia), David Morris (Minnesota), Chevon           
Logsdon (Washington), Carolyn Donnerstein (Arizona), James Frazier             
(New Hampshire) and Jimmy Fairbrother (Colorado).                              
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Brice.                      
                                                                               
                                   * * * * *                                   
                                                                               
The Speaker requested that the House stand for a moment of silence             
in respect for those affected by the tragedy in Littleton, Colorado.           
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 92nd legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Dept. of Revenue                                                               
Income and Excise Audit Division                                               
Games of Chance and Skill                                                      
Preliminary Annual Report                                                      
For Calendar Year 1998                                                         
(as required by AS 05.15.090)                                                  
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Judiciary Committee has reviewed the qualifications of the                 
following and recommends the appointment be forwarded to a joint               
session for consideration:                                                     
                                                                               
                                 Barbara Miklos                                
                                                                               
as a member of the Board of Governors of the Alaska Bar.                       

1999-04-21                     House Journal                      Page 0895
The report was signed by Representative Kott, Chair; and                       
Representatives Green, Rokeberg, James, Murkowski, Croft and                   
Kerttula.                                                                      
                                                                               
The report did not reflect an intent by any of the members to vote for         
or against the named individual during any further sessions for the            
purposes of confirmation.                                                      
                                                                               
                                                                               
HB 34                                                                        
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 34                                                             
"An Act relating to the crime of misprision of a crime against a              
child."                                                                        
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 34(JUD)                                                 
"An Act relating to the crime of failure to report the commission             
or attempted commission of certain crimes against children."                   
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (2):  Kott, Rokeberg                                                   
                                                                               
No recommendation (5):  Croft, Murkowski, Green, James, Kerttula               
                                                                               
The following fiscal notes apply to CSHB 34(JUD):                              
                                                                               
Indeterminate fiscal note, Dept. of Administration, 4/21/99                    
Indeterminate fiscal note, Dept. of Law, 4/21/99                               
                                                                               
HB 34 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 43                                                                        
The Finance Committee has considered:                                          
                                                                               

1999-04-21                     House Journal                      Page 0896
HB 43                                                                        
HOUSE BILL NO. 43                                                             
"An Act relating to police training surcharges imposed for                    
violations of municipal ordinances."                                           
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (5):  Bunde, Austerman, Davis, Williams, Foster                        
                                                                               
Do not pass (1):  Mulder                                                       
                                                                               
No recommendation (3):  Therriault, Davies, Grussendorf                        
                                                                               
Amend (1):  Kohring                                                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 3/5/99                
Zero fiscal note, Dept. of Public Safety, 3/5/99                               
                                                                               
HB 43 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 70                                                                        
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 70                                                             
"An Act relating to questionnaires or surveys administered in                 
public schools."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 70(HES)                                                 
"An Act relating to tests, treatments, surveys, analyses, or                  
evaluations, administered in public schools."                                  
                                                                               
The report was signed by Representatives Dyson and Coghill, Co-                
chairs, with the following individual recommendations:                         
                                                                               

1999-04-21                     House Journal                      Page 0897
HB 70                                                                        
Do pass (3):  Dyson, Coghill, Whitaker                                         
                                                                               
No recommendation (3):  Green, Morgan, Brice                                   
                                                                               
The following fiscal note applies to CSHB 70(HES):                             
                                                                               
Zero fiscal note, Dept. of Education, 4/21/99                                  
                                                                               
HB 70 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
SB 57                                                                        
The Judiciary Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 57(FIN)                                                
"An Act relating to vulnerable adults; and providing for an                   
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 57(JUD)                                   
(same title)                                                                  
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (4):  Croft, Green, Kott, Kerttula                                     
                                                                               
The following fiscal note applies to HCS CSSB 57(JUD):                         
                                                                               
Senate zero fiscal note, Dept. of Administration, 4/6/99                       
                                                                               
CSSB 57(FIN) was referred to the Rules Committee for placement on              
the calendar.                                                                  
                                                                               
                                                                               
SB 98                                                                        
The Health, Education & Social Services Committee has considered:              
                                                                               

1999-04-21                     House Journal                      Page 0898
SB 98                                                                        
SENATE BILL NO. 98                                                            
"An Act relating to teacher tenure."                                          
                                                                               
The report was signed by Representatives Dyson and Coghill, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (1):  Coghill                                                          
                                                                               
No recommendation (4):  Green, Dyson, Whitaker, Kemplen                        
                                                                               
Amend (1):  Brice                                                              
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Education, 3/30/99                           
                                                                               
SB 98 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 165                                                                       
The House Special Committee on Military & Veterans' Affairs has                
considered:                                                                    
                                                                               
HOUSE BILL NO. 165                                                            
"An Act relating to school crisis response planning."                         
                                                                               
The report was signed by Representative Murkowski, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (6):  Croft, Phillips, Murkowski, Coghill, Foster, Cissna              
                                                                               
Amend (2):  James, Kott                                                        
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Education, 4/21/99                                  
Zero fiscal note, Dept. of Military & Veterans Affairs, 4/21/99                

1999-04-21                     House Journal                      Page 0899
HB 165                                                                       
HB 165 was referred to the Health, Education & Social Services                 
Committee.                                                                     
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Jack & Margaret Ward, 54th Wedding Anniversary                      
By Representative Sanders                                                      
                                                                               
Honoring - Donald and Dorothy Wilcox, 50th Anniversary                         
By Representative Berkowitz                                                    
                                                                               
Honoring - A Funny Thing Happened on the Way to the Forum                      
By Senator Pearce                                                              
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 9                                                                        
HOUSE CONCURRENT RESOLUTION NO. 9 by Representative                            
Phillips:                                                                      
                                                                               
Relating to Take a Kid Hunting Weekend.                                       
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 206                                                                       
HOUSE BILL NO. 206 by Representative Harris, entitled:                         
                                                                               
"An Act relating to the migratory game bird conservation tag, to              
a nonresident combined sport fishing and hunting license, to the               
nonresident military small game and sport fishing license, to                  
applications for certain licenses, tags, and permits issued by the             
Department of Fish and Game, and to duplicate crewmember                       
licenses."                                                                     

1999-04-21                     House Journal                      Page 0900
HB 206                                                                       
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
HB 207                                                                       
HOUSE BILL NO. 207 by Representative Rokeberg, entitled:                       
                                                                               
"An Act relating to the registration of persons who perform home              
inspections; and providing for an effective date."                             
                                                                               
was read the first time and referred to the Labor & Commerce,                  
Judiciary and Finance Committees.                                              
                                                                               
HB 208                                                                       
HOUSE BILL NO. 208 by Representative Murkowski, entitled:                      
                                                                               
"An Act relating to professional counselors; and providing for an             
effective date."                                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Labor & Commerce Committees.                                      
                                                                               
HB 209                                                                       
HOUSE BILL NO. 209 by the House Finance Committee, entitled:                   
                                                                               
"An Act amending the size of grants for which the Alaska Science              
and Technology Foundation must allocate at least 50 percent of                 
endowment income and amending the maximum amount of the                        
grant that the Alaska Science and Technology Foundation may                    
award for development of the Kodiak launch complex and                         
Fairbanks satellite ground station space park; and providing for an            
effective date."                                                               
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 210                                                                       
HOUSE BILL NO. 210 by Representative Brice, entitled:                          
                                                                               
"An Act relating to establishing a disciplinary and safety program            
in public schools; and providing for an effective date."                       
                                                                               

1999-04-21                     House Journal                      Page 0901
HB 210                                                                       
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 96                                                                        
The following was read the second time:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 96                                      
"An Act relating to deposits to the Alaska permanent fund; and                
providing for an effective date."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  3DP 1DNP 3NR                                             549         
	ZERO FISCAL NOTE (REV)                                            550         
	FIN RPT  CS(FIN) NT  5DP 5NR 1AM                                  809         
	ZERO FISCAL NOTE (REV) 3/24/99                                    810         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
96(FIN)                                                                        
"An Act relating to deposits to the Alaska permanent fund from                
mineral lease rentals, royalties, royalty sale proceeds, net profit            
shares under AS 38.05.180(f) and (g), federal mineral revenue                  
sharing payments received by the state from mineral leases, and                
bonuses received by the state from mineral leases, and limiting                
deposits from those sources to the 25 percent required under art.              
IX, sec. 15, Constitution of the State of Alaska; and providing for            
an effective date."                                                            
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that                    
CSSSHB 96(FIN) be considered engrossed, advanced to third reading              
and placed on final passage.                                                  

1999-04-21                     House Journal                      Page 0902
HB 96                                                                         
Representative Berkowitz objected.                                             
                                                                               
The Speaker stated that CSSSHB 96(FIN) will be in third reading on             
the April 22, 1999, calendar.                                                  
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 99                                                                        
The Speaker stated that, without objection, the following will be held         
to the April 22, 1999, calendar:                                               
                                                                               
CS FOR SENATE BILL NO. 99(FIN)                                                
"An Act to clarify the meaning of 'decennial census of the United             
States' in art. VI, Constitution of the State of Alaska, to prevent            
discrimination in the redistricting of the house of representatives            
and the senate, and to prohibit expenditures of public funds for               
population surveys or sampling for certain purposes relating to                
legislative redistricting without an appropriation."                           
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 26                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 26                                                 
Relating to establishing maritime boundaries with Canada.                     
                                                                               
with the:                                                 Journal Page         
                                                                               
	WTR RPT  CS(WTR) 4DP 1NR                                          661         
	ZERO FISCAL NOTE (H.WTR)                                          661         
	STA RPT  CS(WTR) 3DP 3NR                                          807         
	ZERO FISCAL NOTE (H.WTR) 4/6/99                                   808         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 26(WTR)                                     
	(same title)                                                                  

1999-04-21                     House Journal                      Page 0903
HJR 26                                                                       
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that CSHJR
26(WTR) be considered engrossed, advanced to third reading and                 
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
                                                                               
CSHJR 26(WTR) was read the third time.                                         
                                                                               
The question being:  "Shall CSHJR 26(WTR) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHJR 26(WTR)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring,             
Kott, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders,               
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Excused:  Halcro, Kookesh, Masek, Morgan                                       
                                                                               
Absent:  Rokeberg                                                              
                                                                               
And so, CSHJR 26(WTR) 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:                   
                                                                               

1999-04-21                     House Journal                      Page 0904
Honoring - Kathy-Jean Lavoie                                                   
By Representatives Berkowitz, Porter, Austerman, Brice, Cissna, Croft,         
Davies, Davis, Dyson, Grussendorf, James, Joule, Kapsner, Kemplen,             
Kerttula, Kott, Mulder, Murkowski, Phillips, Rokeberg, Sanders,                
Smalley, Williams                                                              
                                                                               
Honoring - James Underwood                                                     
By Representatives Brice, Porter, Austerman, Berkowitz, Cissna, Croft,         
Davies, Davis, Dyson, Grussendorf, Harris, James, Joule, Kapsner,              
Kemplen, Kerttula, Kott, Mulder, Phillips, Rokeberg, Sanders, Smalley,         
Therriault, Williams                                                           
                                                                               
Honoring - Edna-Mae Leanne Bailey, Alaska Delegate to National                 
Town Meeting for a Sustainable America, Detroit, Michigan, May 2-5             
By Representatives James, Porter, Austerman, Berkowitz, Brice,                 
Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Joule,        
Kapsner, Kemplen, Kerttula, Kott, Mulder, Ogan, Rokeberg, Sanders,             
Smalley, Therriault, Williams                                                  
                                                                               
In Memoriam - Lawrence Henry Lancashire                                        
By Representatives Davis, Porter, Austerman, Berkowitz, Brice, Cissna,         
Croft, Davies, Dyson, Foster, Grussendorf, Harris, James, Joule,               
Kapsner, Kemplen, Kerttula, Kott, Mulder, Phillips, Rokeberg, Sanders,         
Smalley, Therriault, Williams                                                  
                                                                               
In Memoriam - Major Timothy M. Curry                                           
By Representatives Coghill, Murkowski, Porter, Austerman, Berkowitz,           
Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,        
Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Mulder, Ogan,          
Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator            
Leman                                                                          
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 34                                                                        
The Speaker added a Finance Committee referral for the following:              
                                                                               
HOUSE BILL NO. 34                                                             
"An Act relating to the crime of misprision of a crime against a              
child."                                                                        
                                                                               

1999-04-21                     House Journal                      Page 0905
HB 34                                                                        
HB 34 was removed from the Rules Committee and referred to the                 
Finance Committee.                                                             
                                                                               
HB 192                                                                       
Representative Kohring added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 192                                                            
"An Act relating to reciting the pledge of allegiance by public               
school students."                                                              
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 26                                                                       
CSHJR 26(WTR) 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.            
                                                                               
Majority Caucus                Speaker's Chamber       5:00 p.m., 4/21         
                                                                               
Minority Caucus                                        upon adj., 4/21         
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., April 22, 1999.  There being no                
objection, the House adjourned at 11:07 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk