Legislature(1999 - 2000)
2000-01-28 House Journal
Full Journal pdf2000-01-28 House Journal Page 2023 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 28, 2000 Nineteenth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:40 a.m. Roll call showed 27 members present. Representatives Brice, Cowdery, Davies, Davis, Dyson, Joule, Kapsner, Moses, Rokeberg, Whitaker, and Williams had been previously excused from a call of the House today. Representative James was absent and her presence was noted later. Representative Green moved and asked unanimous consent that Representative Kott be excused from a call of the House until 9:30p.m., plane time, January 30, 2000. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Nancy Campbell, Prayer Minister. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: From Ecclesiastes 8:2-6: I say, keep the king's commandment for the sake of your oath to God. Do not be hasty to go from his presence. Do not take your stand for an evil thing, for he does whatever pleases him. Where the word of a king is, there is power; and who may say to him, "What are you doing?" He who keeps his command will experience nothing harmful; and a wise man's heart discerns both time and judgment, because for every matter there is a time and judgment. 2000-01-28 House Journal Page 2024 From Ecclesiastes 12:13,14: Let us hear the conclusion of the whole matter: fear God and keep His commandments, for this is man's all. For God will bring every work into judgment, including every secret thing, whether good or evil. Dear Lord, I pray for these men and women, that You grant them the wisdom and understanding that they need this day. Father, I cry out to You for discernment for them that you give them clarity of mind. And, Dear Lord, let Your Peace abide with each of them and Your Presence, let it be here in this place. Thank you, Lord. Amen. The Pledge of Allegiance was led by Representative Bunde. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 17th and 18th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **The presence of Representative James was noted. COMMUNICATIONS HB 77 Pursuant to: CS FOR HOUSE BILL NO. 77(FIN) am S "An Act relating to the Joint Armed Services Committee, a permanent interim committee of the Alaska State Legislature; and providing for an effective date." Chapter No. 6, SLA 1999 2000-01-28 House Journal Page 2025 HB 77 The following report was received: Joint Armed Services Committee Activities Report July 1, 1999 - January 10, 2000 SB 33 Pursuant to: CONFERENCE CS FOR SENATE BILL NO. 33 "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." Chapter No. 61, SLA 1999 A transmittal letter from the Commission on Privatization, dated January 21, 2000, to Governor Knowles, President Pearce and Speaker Porter, was received from Senator Ward and Representative Cowdery, Co-chairs, pertaining to the Commission's final report and recommendations. The final report and supporting documents are available electronically at http://www.privatizealaska.org. The following letter, with attachments, dated January 26, 2000, was received from Fran Ulmer, Lieutenant Governor: "Dear Speaker Porter: I have certified the petition, "Bill Limiting Property Assessment and Taxation," and have determined that it was properly filed. With the assistance of the Attorney General, I will prepare a ballot title and proposition in accordance with AS 15.45.180. 2000-01-28 House Journal Page 2026 A copy of the proposed law, which will be enacted if a majority of the votes cast on the initiative proposition favor its adoption, is enclosed. If, however, in formal concurrence with the Attorney General, I determine that the Legislature has enacted legislation that is substantially the same as the proposed law before the date of the election, the petition will be declared void and no such ballot proposition will appear. (AS 15.45.210) Please feel free to contact my office should you have any questions or need further information. Sincerely, /s/ Fran Ulmer Lieutenant Governor" The following additional reports were received: Annual Report of Alaska Comprehensive Health Insurance Association January 1, 1998 - December 31, 1998 (as required by AS 21.55.020) Dept. of Community & Economic Development Municipal & Regional Assistance Division Alaska Taxable 1999 Municipal Taxation - Rates and Policies Full Value Determination Population and G.O. Bonded Debt Volume XXXIX, January 2000 REPORTS OF STANDING COMMITTEES HB 259 The State Affairs Committee has considered: 2000-01-28 House Journal Page 2027 HB 259 HOUSE BILL NO. 259 "An Act relating to a parent's eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child." and recommends it be replaced with: CS FOR HOUSE BILL NO. 259(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Green, Hudson, Whitaker, Ogan No recommendation (1): Kerttula Amend (1): Smalley The following fiscal note applies to CSHB 259(STA): Zero fiscal note, Dept. of Administration, 1/28/00 HB 259 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Marty Foster By Senator Wilken Honoring - University of Alaska Fairbanks, Student Investment Fund By Senator Wilken 2000-01-28 House Journal Page 2028 In Memoriam - Hobart B. Hyatt By Representative Berkowitz; Senator Ellis In Memoriam - Stanley Henry Molitor By Representatives Foster, Phillips In Memoriam - O.W. "Bill" Lowe By Senators Halford, Phillips; Representatives Kohring, Dyson, Kott INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 322 HOUSE BILL NO. 322 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the financing of construction and major maintenance of public school facilities; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a certain tobacco litigation settlement to the Alaska Housing Finance Corporation; authorizing the issuance of bonds by the Alaska Housing Finance Corporation with proceeds to finance public school construction and major maintenance grants; providing for the creation of subsidiary corporations of the Alaska Housing Finance Corporation for the purpose of financing or facilitating the financing of public school construction and major maintenance grants; relating to the annual public school construction and major maintenance grant application and approval process; providing for allocation of additional reimbursement of public school construction debt; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Education & Early Development, 1/28/00 Fiscal note, Dept. of Revenue, 1/28/00 2000-01-28 House Journal Page 2029 HB 322 The Governor's transmittal letter dated January 26, 2000, appears below: "Dear Speaker Porter: Part of my Quality Schools Initiative is the provision of adequate, safe and well-maintained schools in which our children can learn. Unfortunately, with declining general fund capital budgets, the backlog of needed school construction and major maintenance projects across our state has continued to grow. Today I am introducing a $510 million package that will address all of the statewide deferred maintenance list and two-thirds of the current statewide prioritized list of construction projects. In addition, the bill extends the 70 percent school debt reimbursement program for those districts that bond directly for projects. The revenues for the state portion of the bond proposal rely largely on Alaska's share of national tobacco settlement funds. The settlement proceeds would serve as security for bonds issued by a subsidiary of the Alaska Housing Finance Corporation (AHFC). Additional proceeds would be raised from bonds issued directly by AHFC. This method for raising school construction money preserves the state's debt capacity. The program will provide $360 million for all 86 major maintenance projects and 40 of 69 new school construction projects on the current Department of Education and Early Development priority list. The current priority list will remain in effect over the next three years to allow these critical projects to be funded. To address funding for school districts with the capacity to bond, my proposal includes $150 million in authorization for a 70% school debt retirement program. This authorization will provide $60 million for the states largest school district and $90 million for other municipal districts. 2000-01-28 House Journal Page 2030 HB 322 We know we have needs beyond what is included in this package. However, this proposal will address a significant portion of our existing need, address issues raised in the Kasayulie case, and provide adequate space and safe learning environments for Alaskas children. I urge your prompt and favorable action. Sincerely, /s/ Tony Knowles Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 8 The following was read the second time: HOUSE BILL NO. 8 "An Act naming the pedestrian underpass at Montana Creek on the Parks Highway as Shelby's Way." with the: Journal Page TRA RPT 3DP 2NR 1950 ZERO FISCAL NOTE (DOT) 1950 Representative Green moved and asked unanimous consent that HB 8 be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HB 8 will be in third reading on the January31, 2000, calendar. The Speaker stated that, without objection, the House would recess to a joint session; and so the House recessed at 10:53 a.m. 2000-01-28 House Journal Page 2031 AFTER RECESS The Speaker called the House back to order at 11:01 a.m. JOINT SESSION IN THE HOUSE In accordance with the Uniform Rules, Speaker Porter turned the gavel over to President Pearce who called the joint session to order at 11:02a.m. The purpose of the joint session was to hear an address by the Honorable Frank Murkowski, U.S. Senator. Representative Green moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. Senator Mackie moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. President Pearce introduced Nancy Murkowski, the Senator's wife; David Garman, Chief of Staff; Chuck Kleeschulte, Press Secretary; Charles Freeman, International Affairs Staff; Brian Malnak, Professional Staff to the Senate Energy Committee; and Lucy Hudson, Juneau Staff. President Pearce appointed Representative Murkowski and Senator Phillips to escort Senator Murkowski to the joint session. The House Sergeant-at-Arms announced the Senator's entrance into the House Chamber. Senator Murkowski was escorted to the rostrum and welcomed by President Pearce. Senator Murkowski delivered his address and it was published today in Senate & House Joint Journal Supplement No. 11. A question and answer period followed the conclusion of the Senator's speech. 2000-01-28 House Journal Page 2032 Senator Murkowski received a standing ovation and was escorted from the Chamber by Representative Murkowski and Senator Phillips. Senator Mackie moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 12:17 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 12:19 p.m. A second quorum call showed 22 members present. CONSIDERATION OF THE DAILY CALENDAR (Continued) LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Vincent Nusunginya - Eagle Scout By Representatives Phillips, Davis, Smalley, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Masek, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Therriault, Williams In Memoriam - Len Mackler By Representatives James, Davies, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-01-28 House Journal Page 2033 UNFINISHED BUSINESS Representative Green moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Therriault - from 1:35 p.m., January 28 to 9:32 p.m., plane time, January 30, 2000 Representative James - from 6:15 a.m., February 7 to 9:45 p.m., plane time, February 7, 2000 Representative Kookesh - from 6:00 a.m., February 10 to 5:00 p.m., plane time, February 13, 2000 Representative Phillips - from 6:00 p.m, February 11 to 10:00 a.m., plane time, February 15, 2000 Representative Berkowitz - from 7:23 p.m., February 11 to 9:31 a.m., plane time, February 15, 2000 Representative Cowdery - from 1:35 p.m., February 11 to 9:30 a.m., plane time, February 16, 2000 Representative Harris - from 7:00 p.m., February 18 to 9:30 p.m., plane time, February 20, 2000 Representative Smalley - from 1:35 p.m., March 8 to 9:22 a.m., plane time, March 15, 2000 Representative Rokeberg - from 7:18 p.m., March 9 to 9:31 a.m., plane time, March 15, 2000 Representative Austerman - from 1:30 p.m., March 22 to 1:57 p.m., plane time, March 27, 2000 RECONSIDERATION HCR 16 Representative Ogan brought up reconsideration of the vote on CSHCR 16 (RLS) am (page 2016). 2000-01-28 House Journal Page 2034 HCR 16 The following was again before the House in second reading: CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) am Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to standing committees; and providing for an effective date. Representative Green moved and asked unanimous consent that the reconsideration of CSHCR 16(RLS) am be held to the January 31, 2000, calendar. Representative Ogan objected. The question being: "Shall reconsideration of CSHCR 16(RLS) am be held to the January 31, 2000, calendar?" The roll was taken with the following result: CSHCR 16(RLS) am Second Reading Hold reconsideration to January 31, 2000, calendar YEAS: 18 NAYS: 4 EXCUSED: 12 ABSENT: 6 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cissna, Croft, Foster, Green, Halcro, Harris, Hudson, Kerttula, Morgan, Mulder, Murkowski, Phillips, Porter, Therriault Nays: Coghill, Kohring, Ogan, Sanders Excused: Brice, Cowdery, Davies, Davis, Dyson, Joule, Kapsner, Kott, Moses, Rokeberg, Whitaker, Williams Absent: Grussendorf, James, Kemplen, Kookesh, Masek, Smalley And so, the motion passed and the reconsideration of CSHCR 16(RLS) am will be on the January 31, 2000, calendar. 2000-01-28 House Journal Page 2035 UNFINISHED BUSINESS HB 28 Representative Halcro added his name as cosponsor to: HOUSE BILL NO. 28 "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and violations and authorizing disposition of estimated receipts from that surcharge; and creating the juvenile justice grant fund in order to provide financial assistance for the operation of youth courts." HB 268 Representatives Kemplen, Morgan, and Dyson added their names as cosponsors to: HOUSE BILL NO. 268 "An Act relating to the Alaska Higher Education Savings Trust; and providing for an effective date." HB 272 Representatives Hudson and Murkowski added their names as cosponsors to: HOUSE BILL NO. 272 "An Act relating to the tax assessment by a home rule or general law municipality of housing that qualifies for the low-income housing credit under the Internal Revenue Code; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 1:00 p.m., 1/29 2000-01-28 House Journal Page 2036 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 31, 2000. There being no objection, the House adjourned at 12:33 p.m. Suzi Lowell Chief Clerk