Legislature(1999 - 2000)
1999-04-28 House Journal
Full Journal pdf1999-04-28 House Journal Page 1041 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 28, 1999 One Hundredth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:04 a.m. Roll call showed 36 members present. Representatives Barnes, Hudson, Mulder and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Envoy Craig Fanning of the Salvation Army. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Father God, We come before You in prayer this morning, lifting up each legislator, asking You to fill them with Your love. Grant to them wisdom and understanding of the issues they will undertake today. Each person here today will be tried and tested as they take upon themselves the tasks You have placed before them. So, Lord, we ask a special blessing for them just now, anointing them with peace and power as they meet this day as Your appointed representative. In the name of God, our heavenly father, Amen. The Pledge of Allegiance was led by Representative Bunde. 1999-04-28 House Journal Page 1042 CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 99th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated April 27, 1999, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 88 CS FOR SENATE BILL NO. 88(FIN) by the Senate Finance Committee, entitled: "An Act relating to licensure of dietitians and nutritionists; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. REPORTS OF STANDING COMMITTEES HJR 7 The Finance Committee has considered: HOUSE JOINT RESOLUTION NO. 7 Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 7(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: 1999-04-28 House Journal Page 1043 HJR 7 Do pass (7): Mulder, Bunde, Kohring, Davies, Grussendorf, Williams, Foster No recommendation (3): Therriault, Austerman, Davis The following fiscal note applies to CSHJR 7(FIN): Fiscal note, Office of the Governor, 2/26/99 HJR 7 was referred to the Rules Committee for placement on the calendar. HB 45 The Finance Committee has considered: HOUSE BILL NO. 45 "An Act relating to initiative and referendum petitions; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 45(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (8): Mulder, Bunde, Kohring, Davies, Grussendorf, Davis, Williams, Foster No recommendation (2): Therriault, Austerman The following fiscal note applies to CSHB 45(FIN): Fiscal note, Office of the Governor, 2/26/99 HB 45 was referred to the Rules Committee for placement on the calendar. 1999-04-28 House Journal Page 1044 HB 70 The Rules 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(RLS) "An Act relating to tests, treatments, surveys, analyses, or evaluations administered in public schools." The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do pass (4): Phillips, Porter, Green, Cowdery No recommendation (1): Joule The following fiscal note applies to CSHB 70(RLS): Zero fiscal note, Dept. of Education, 4/21/99 HB 70 was returned to the Rules Committee for placement on the calendar. HB 99 The Judiciary Committee has considered: HOUSE BILL NO. 99 "An Act relating to sexual assault and the definitions of 'sexual contact,' 'sexual penetration,' and 'legal guardian' in AS 11." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Croft, Kott, Rokeberg, Kerttula No recommendation (2): Murkowski, Green 1999-04-28 House Journal Page 1045 HB 99 The following fiscal notes apply: Zero fiscal note, Dept. of Public Safety, 2/19/99 Zero fiscal note, Dept. of Law, 2/19/99 Zero fiscal note, Dept. of Corrections, 2/19/99 Zero fiscal note, Dept. of Administration, 2/19/99 Zero fiscal note, Dept. of Health & Social Services, 2/19/99 HB 99 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Barnes was noted. HB 132 The State Affairs Committee has considered: HOUSE BILL NO. 132 "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 132(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): Smalley, Kerttula Do not pass (1): James No recommendation (1): Coghill Amend (3): Hudson, Whitaker, Ogan The following fiscal note applies to CSHB 132(STA): 1999-04-28 House Journal Page 1046 HB 132 Zero fiscal note, Dept. of Revenue, 4/28/99 HB 132 was referred to the Finance Committee. HB 159 The State Affairs Committee has considered: HOUSE BILL NO. 159 "An Act granting certain employees in correctional facilities status as peace officers under the public employees' retirement system." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): Kerttula, Smalley, Hudson Do not pass (3): James, Coghill, Ogan No recommendation (1): Whitaker The following fiscal note applies: Fiscal note, Dept. of Administration, 4/28/99 HB 159 was referred to the Finance Committee. **The presence of Representative Hudson was noted. HB 167 The Labor & Commerce Committee has considered: HOUSE BILL NO. 167 "An Act relating to mobile home dealers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 167(L&C) "An Act repealing required registration for mobile home dealers; and providing for an effective date." 1999-04-28 House Journal Page 1047 HB 167 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Harris No recommendation (4): Murkowski, Cissna, Sanders, Brice Amend (2): Rokeberg, Halcro The following fiscal note applies to CSHB 167(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/28/99 HB 167 was referred to the Finance Committee. HB 176 The Finance Committee has considered: HOUSE BILL NO. 176 "An Act relating to attorney fees and costs and the granting of public interest litigant status in proceedings related to administrative actions and inactions; and amending Rules 79 and 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (2): Mulder, Kohring Do not pass (1): Davies No recommendation (5): Therriault, Bunde, Grussendorf, Davis, Williams The following fiscal note applies: Zero fiscal note, House Judiciary Committee, 4/22/99 1999-04-28 House Journal Page 1048 HB 176 HB 176 was referred to the Rules Committee for placement on the calendar. SJR 11 The Finance Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 11(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state. The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Mulder, Bunde, Kohring, Austerman, Grussendorf, Davis, Williams The following fiscal note applies: Senate zero fiscal note, Senate Finance Committee/All Depts., 3/12/99 CSSJR 11(FIN) was referred to the Rules Committee for placement on the calendar. SB 9 The Finance Committee has considered: CS FOR SENATE BILL NO. 9(HES) "An Act relating to the calculation of employee contributions and credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, the special education service agency, the Alaska Vocational Technical Center, and the state boarding schools; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (10): Therriault, Mulder, Austerman, Davies, Grussendorf, Davis, Williams, Foster, Bunde, Kohring 1999-04-28 House Journal Page 1049 SB 9 The following fiscal note applies: Senate fiscal note, Dept. of Administration, 3/10/99 CSSB 9(HES) was referred to the Rules Committee for placement on the calendar. SB 27 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 27(FIN) "An Act relating to school records and driver license records of certain children." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Murkowski, Croft, Kott, Kerttula The following fiscal notes apply: Senate indeterminate fiscal note, Dept. of Education, 2/25/99 Senate zero fiscal note, Dept. of Administration, 2/25/99 CSSB 27(FIN) was referred to the Finance Committee. SB 33 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 33(STA) (same title) 1999-04-28 House Journal Page 1050 SB 33 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): Coghill, Whitaker, Ogan Do not pass (2): Kerttula, Hudson No recommendation (2): James, Smalley The following fiscal note applies to HCS CSSB 33(STA): Senate indeterminate fiscal note, Office of the Governor, 2/1/99 CSSB 33(FIN) was referred to the Finance Committee. **The presence of Representative Mulder was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Paul Sorenson By Representative Smalley Honoring - The Angoon Eagles, High School Boys Basketball Team By Representative Kookesh Honoring - Klawock High School Chieftains, Alaska State Champs By Representative Kookesh Honoring - The Skagway Panthers, High School Boys Basketball Team By Representative Kookesh Honoring - Yakutat High School, Girl's Basketball Team, The 'Eagles' By Representative Kookesh Honoring - Peggy Dyson, The Voice of WBH-29 Kodiak By Senator Mackie; Representative Austerman 1999-04-28 House Journal Page 1051 Honoring - Remedy By Senator Elton; Representatives Hudson, Kerttula Honoring - The Centennial of the American Society of Landscape Architects By Senator Elton; Representatives Kerttula, Hudson In Memoriam - Ronald "Buster" James Manook By Senator Lincoln; Representatives Davies, Morgan and Honoring - Mt. Edgecumbe Girl's Lady Braves 1998-99 Basketball Team By Representative Grussendorf which was taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 215 HOUSE BILL NO. 215 by Representatives Berkowitz, Croft, Grussendorf, Cissna, Smalley, Moses, Kemplen, Brice and Kerttula, entitled: "An Act making an appropriation to the Department of Community and Regional Affairs for renters' tax equivalency payments; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 79 The following was read the second time: 1999-04-28 House Journal Page 1052 HB 79 HOUSE BILL NO. 79 "An Act relating to letters of credit under the Uniform Commercial Code; and providing for an effective date." with the: Journal Page L&C RPT 5DP 360 ZERO FISCAL NOTE (DCED) 361 JUD RPT 6DP 788 ZERO FISCAL NOTE (DCED) 3/5/99 788 Representative Green moved and asked unanimous consent that HB 79 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 79 was read the third time. **The presence of Representative Therriault was noted. The question being: "Shall HB 79 pass the House?" The roll was taken with the following result: HB 79 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams And so, HB 79 passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 1999-04-28 House Journal Page 1053 HB 79 HB 79 was referred to the Chief Clerk for engrossment. HB 151 The following was read the second time: HOUSE BILL NO. 151 "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." with the: Journal Page JUD RPT CS(JUD) 2DP 1NR 1AM 1023 ZERO FISCAL NOTE (LAW) 1024 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 151(JUD) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 151(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 151(JUD) was read the third time. The question being: "Shall CSHB 151(JUD) pass the House?" The roll was taken with the following result: CSHB 151(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 1999-04-28 House Journal Page 1054 HB 151 Absent: Davis, Moses And so, CSHB 151(JUD) passed the House. Representative Davies gave notice of reconsideration of his vote on CSHB 151(JUD). The Speaker stated that, without objection, the House would revert to: REPORTS OF SPECIAL COMMITTEES HJR 14 The House Special Committee on World Trade and State/Federal Relations has considered: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Women's History and the National Museum of Women's History Alaska Council. The report was signed by Representative Barnes, Chair, with the following individual recommendations: Do pass (4): Green, Masek, Phillips, Barnes The following fiscal note applies: Zero fiscal note, House Special Committee on World Trade and State/Federal Relations/All Depts., 4/28/99 SSHJR 14 was referred to State Affairs Committee. CONSIDERATION OF THE DAILY CALENDAR (Continued) SECOND READING OF SENATE BILLS SB 102 The following was read the second time: 1999-04-28 House Journal Page 1055 SB 102 SENATE BILL NO. 102 "An Act designating the State Trooper Bruce A. Heck Memorial Corridor." with the: Journal Page TRA RPT 5DP 943 SENATE ZERO FISCAL NOTE (DOT) 4/9/99 943 Representative Green moved and asked unanimous consent that SB102 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 102 was read the third time. The question being: "Shall SB 102 pass the House?" The roll was taken with the following result: SB 102 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Davis, Moses And so, SB 102 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 131 The following, which was advanced to third reading from the April 27, 1999, calendar (page 1029), was read the third time: 1999-04-28 House Journal Page 1056 HB 131 HOUSE BILL NO. 131 "An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge." Representative Rokeberg moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Rokeberg was required to vote. The question being: "Shall HB 131 pass the House?" The roll was taken with the following result: HB 131 Third Reading Final Passage YEAS: 25 NAYS: 12 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Bunde, Coghill, Cowdery, Dyson, Foster, Green, Grussendorf, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Austerman, Berkowitz, Cissna, Croft, Davies, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Absent: Brice, Davis, Hudson And so, HB 131 passed the House. Representative Croft gave notice of reconsideration of his vote on HB131. 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: 1999-04-28 House Journal Page 1057 In Memoriam - June L. King By Representatives Smalley, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Therriault, Williams In Memoriam - Alice Superman By Representatives Smalley, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Therriault, Williams RECONSIDERATION HB 146 Representative Kerttula brought up reconsideration of the vote on CSHB 146(JUD) (page 1031). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 146(JUD) "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." The question to be reconsidered: "Shall CSHB 146(JUD) pass the House?" The roll was taken with the following result: CSHB 146(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 0 ABSENT: 7 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams 1999-04-28 House Journal Page 1058 HB 146 Absent: Barnes, Brice, Davis, Hudson, Kookesh, Moses, Therriault And so, CSHB 146(JUD) passed the House on reconsideration. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 146(JUD) was referred to the Chief Clerk for engrossment. SPECIAL ORDER OF BUSINESS Representative Green moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Mt. Edgecumbe Girl's Lady Braves 1998-99 Basketball Team, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Grussendorf moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Mt. Edgecumbe Girl's Lady Braves 1998-99 Basketball Team By Representative Grussendorf, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Ogan, Rokeberg, Smalley, Therriault, Williams * * * * * Representative Kerttula requested that the House stand for a moment of silence to honor the lives of Katrina Winchell and Matthew Brakel. UNFINISHED BUSINESS HJR 39 Representative Phillips added her name as cosponsor to: 1999-04-28 House Journal Page 1059 HJR 39 HOUSE JOINT RESOLUTION NO. 39 Urging the United States government to purchase surplus pink salmon for aid packages to the Balkans. HB 131 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 131 "An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge." HB 151 Representatives Rokeberg, Smalley and Cissna added their names as cosponsors to: CS FOR HOUSE BILL NO. 151(JUD) "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." HB 165 Representatives Coghill, Green, Brice and Whitaker added their names as cosponsors to: HOUSE BILL NO. 165 "An Act relating to school crisis response planning." SB 33 Representative Kohring added his name as cross sponsor to: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date." SB 102 Representatives Mulder, Green, Brice, Kemplen, James and Croft added their names as cross sponsors to: 1999-04-28 House Journal Page 1060 SB 102 SENATE BILL NO. 102 "An Act designating the State Trooper Bruce A. Heck Memorial Corridor." ENGROSSMENT HB 79 HB 79 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 146 CSHB 146(JUD) 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. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 29, 1999. There being no objection, the House adjourned at 12:03 p.m. Suzi Lowell Chief Clerk