Legislature(1999 - 2000)

1999-05-25 House Journal

Full Journal pdf

1999-05-25                     House Journal                      Page 1735
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
TWENTY-FIRST LEGISLATURE -- FIRST SPECIAL SESSION                              
                                                                               
Juneau, Alaska                      Tuesday               May 25, 1999         
                                                                               
                                  Sixth Day                                  
                                                                               
                                                                               
The House was called to order by Speaker Porter at 3:41 p.m.                   
                                                                               
                                                                               
Roll call showed 35 members present.  Representative James was                 
excused from a call of the House today due to illness.  Representative         
Sanders was absent and his presence was noted later.                           
                                                                               
Representative Green moved and asked unanimous consent that                    
Representatives Davies, Kemplen and Moses be excused from a call               
of the House today.  There being no objection, it was so ordered.              
                                                                               
                                                                               
The invocation was offered by Father Tom Moffatt of the St. Nicholas           
Orthodox Christian Church of Juneau.  Representative Hudson moved              
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
Lord, look down from heaven and remember our President,                       
William; remember our Governor, Anthony; all civil                             
authorities; the armed forces in harms way; and most                           
particularly this day, remember the Alaska House of                            
Representatives and its members.  Give them patience with                      
each other, give them a sense of tolerance, stick-to-itiveness,                
and most of all, when they leave here, a sense that they've                    
done their very best for Your people.  And may the blessing                    
of God Almighty, the Father, the Son, and the Holy Spirit, rest                
upon each of you and those you love.  Amen                                     
                                                                               
                                                                               

1999-05-25                     House Journal                      Page 1736
The Pledge of Allegiance was led by Representative Green.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the fourth and fifth legislative days of the First Special         
Session be approved as certified by the Chief Clerk with the following         
correction:                                                                    
                                                                               
HB 1001                                                                      
On page 1725, replace Amendment No. 1 by Representative Davies to              
CSHB 1001 am, with the following corrected amendment:                          
                                                                               
Page 3, Line 7, following "AS 37.13.145(b)":                                   
	Insert ", as repealed and reenacted in sec. 2 of this Act,"                   
                                                                               
Page 3, following line 17, insert a new paragraph to read:                     
                                                                               
	"(1)  fiscal year 2000 is equal to 5.88 percent of the average of the         
quarter-end market value for the last eight fiscal year quarters before        
the fiscal year just ended of                                                  
		(A)  the Alaska permanent fund (art. IX, sec. 15,                           
Constitution of the State of Alaska), including the Alaska Income              
Account; and                                                                   
		(B)  the budget reserve fund (art. IX, sec. 17, Constitution                
of the State of Alaska);"                                                      
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
                                                                               
Page 4, line 24:                                                               
	Delete "2001"                                                                 
	Insert "2000"                                                                 
                                                                               
Page 5, Line 16:                                                               
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               

1999-05-25                     House Journal                      Page 1737
HB 1001                                                                      
Page 5, Line 17:                                                               
	Delete "6 and 8 of this Act take effect January 1, 2001"                      
	Insert "8 of this Act take effect January 31, 2000"                           
                                                                               
Page 5, Line 18:                                                               
	Delete all material.                                                          
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Page 5, Line 19:                                                               
	Delete "Sections 9 and 10 of this Act take"                                   
	Insert "Section 9 of this Act takes"                                          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citation was introduced and taken up later as a Special          
Order of Business:                                                             
                                                                               
In Memoriam - Okey Chandler                                                    
By Representative Austerman; Senator Mackie                                    
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 232                                                                       
The following was on the May 24, 1999, calendar and held over to               
today's calendar because session was canceled:                                 
                                                                               
HOUSE BILL NO. 232                                                            
"An Act making a special appropriation from the budget reserve                
fund under art. IX, sec. 17(c), Constitution of the State of Alaska,           
to the Alaska Income Account; and providing for an effective                   
date."                                                                         
                                                                               
The Speaker stated that, without objection HB 232 would be returned            
to the Rules Committee.                                                        

1999-05-25                     House Journal                      Page 1738
The Speaker stated that, without objection, the House would recess;            
and so, the House recessed at 3:45 p.m.                                        
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 5:31 p.m.                        
                                                                               
**The presence of Representative Sanders was noted.                            
                                                                               
The Speaker stated that, without objection, the House would revert to:         
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 1001                                                                      
A message dated May 25, 1999, was read stating the Senate has passed           
CSHB 1001(FIN) am with the following amendment and it is                       
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) am S                            
"An Act relating to income of the Alaska Permanent Fund and                   
authorizing an advisory vote on a long-term financial plan for the             
state; and providing for an effective date."                                   
                                                                               
CSHB 1001(FIN) am is under Unfinished Business.                                
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
A message dated May 25, 1999, was read stating the Senate has passed           
the following, and it is transmitted for consideration:                        
                                                                               
SCR 102                                                                      
SENATE CONCURRENT RESOLUTION NO. 102 am by the Senate                          
Finance Committee:                                                             
                                                                               
Relating to an advisory vote and a state fiscal plan.                         
                                                                               
SCR 102 am was read the first time and taken up later as a Special             
Order of Business.                                                             

1999-05-25                     House Journal                      Page 1739
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 1001                                                                      
Representative Green moved and asked unanimous consent that the                
House consider the Senate message (page 1738) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 1001(FIN) am                                            
"An Act relating to income of the Alaska permanent fund and                   
authorizing an advisory vote on a long-term financial plan for the             
state; and providing for an effective date."                                   
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) am S                            
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved that the House concur in the Senate                 
amendment to CSHB 1001(FIN) am, thus adopting SCS CSHB
1001(FIN) am S, and recommended that the members vote yes.                     
                                                                               
The question being: "Shall the House concur in the Senate amendment            
to CSHB 1001(FIN) am?"  The roll was taken with the following                  
result:                                                                        
                                                                               
SCS CSHB 1001(FIN) am S                                                        
Concur                                                                         
                                                                               
YEAS:  31   NAYS:  5   EXCUSED:  4   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro,              
Harris, Hudson, Joule, Kapsner, Kerttula, Kookesh, Morgan, Mulder,             
Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker,          
Williams                                                                       
                                                                               
Nays:  Kohring, Kott, Masek, Ogan, Sanders                                     
                                                                               
Excused:  Davies, James, Kemplen, Moses                                        
                                                                               

1999-05-25                     House Journal                      Page 1740
HB 1001                                                                      
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 1001(FIN) am S.                                                       
                                                                               
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.           
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 1001(FIN) am S was referred to the Chief Clerk for                    
enrollment.                                                                    
                                                                               
                          SPECIAL ORDER OF BUSINESS                           
                                                                               
SCR 102                                                                       
Representative Green moved and asked unanimous consent that the                
following be taken up as a Special Order of Business at this time:             
                                                                               
SENATE CONCURRENT RESOLUTION NO. 102 am                                       
Relating to an advisory vote and a state fiscal plan.                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
The question being:  "Shall SCR 102 am pass the House?"  The roll              
was taken with the following result:                                           
                                                                               
SCR 102 am                                                                     
Special Order of Business                                                      
                                                                               
YEAS:  31   NAYS:  5   EXCUSED:  4   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro,              
Harris, Hudson, Joule, Kapsner, Kerttula, Kookesh, Morgan, Mulder,             
Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker,          
Williams                                                                       
                                                                               
Nays:  Kohring, Kott, Masek, Ogan, Sanders                                     
                                                                               
Excused:  Davies, James, Kemplen, Moses                                        
                                                                               

1999-05-25                     House Journal                      Page 1741
SCR 102                                                                      
And so, SCR 102 am passed the House, was signed by the Speaker                 
and Chief Clerk and returned to the Senate.                                    
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Green moved and asked unanimous consent that the                
notice and publication requirements be waived and the citation, In             
Memoriam - Okey Chandler, be taken up as a Special Order of                    
Business at this time.  There being no objection, it was so ordered.           
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
In Memoriam - Okey Chandler                                                    
By Representatives Austerman, Porter, Berkowitz, Brice, Cissna,                
Cowdery, Croft, Davis, Dyson, Foster, Halcro, Harris, Hudson, Joule,           
Kapsner, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski,                   
Phillips, Rokeberg, Smalley, Williams; Senator Mackie                          
                                                                               
                                   * * * * *                                   
Senators Pete Kelly and Elton notified the House that the Senate had           
completed its business and adjourned.                                          
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SJR 3                                                                        
The following was returned to the Senate for permanent filing:                 
                                                                               
SENATE JOINT RESOLUTION NO. 3(fld H)                                          
Proposing an amendment to the Constitution of the State of Alaska             
relating to the repeal of regulations by the legislature.                      
                                                                               
SB 32                                                                        
The following, which passed the House on May 23, 1999, (page 1723),            
was transmitted to the Senate for consideration:                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 32(FIN) am                                
H(reengrossed)                                                                 
"An     Act    making    and   amending    appropriations    and              

1999-05-25                     House Journal                      Page 1742
SB 32                                                                        
reappropriations; making and amending appropriations under art.               
IX, sec. 17(c), Constitution of the State of Alaska, from the                  
constitutional budget reserve fund; and providing for an effective             
date."                                                                         
                                                                               
SB 45                                                                        
The following, which passed the House on May 18, 1999, (page 1618),            
was returned to the Senate:                                                    
                                                                               
CS FOR SENATE BILL NO. 45(FIN) am                                             
"An Act providing that a person who grants certain conservation               
easements to the state or a municipality that provide public access            
for recreational purposes and the grantee of the easement are                  
immune from tort liability, other than gross negligence or reckless            
or intentional misconduct, for damages to a person who uses the                
easement under certain conditions; relating to the vacation by the             
state or a municipality of rights-of-way acquired by the state under           
former 43 U.S.C. 932; and providing for an effective date."                    
                                                                               
SB 135                                                                       
The following was returned to the Senate for permanent filing:                 
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 135(TRA) am                               
H(fld H)                                                                       
"An Act relating to metropolitan planning organizations."                     
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Kapsner moved and asked unanimous consent that the              
House adjourn until 11:00 a.m., January 10, 2000.  There being no              
objection, the First Special Session of the House of Representatives of        
the Twenty-First Legislature adjourned at 6:10 p.m.                            
                                                                               
											Suzi Lowell                                                         
											Chief Clerk