Legislature(1999 - 2000)

2000-01-28 House Journal

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2000-01-28                     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                                                       
                                                                               

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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.                                   
                                                                               
                                                                               

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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                                                              
                                                                               

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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.                                                                     
                                                                               

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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).                                                       

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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