Legislature(1999 - 2000)
2000-02-21 House Journal
Full Journal pdf2000-02-21 House Journal Page 2247 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 21, 2000 Forty-third Day Pursuant to adjournment, the House was called to order by Speaker Porter at 11:04 a.m. Roll call showed 37 members present. 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 Halcro - to 9:32 a.m., plane time, February 22, 2000 Representative Kemplen - to 9:30 a.m., plane time, February 22, 2000 Representative Kerttula - to 9:54 p.m., plane time, March 1, 2000 (amended from page 2223) The invocation was offered by Pastor Pat Brayton of the Valley Chapel. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Heavenly Father, Your hand has made us and all that is. We acknowledge You as Almighty God and as Lord of all. Your word declares to us that it is You who choose those who rule over us. It is You who raise them up and You who bring them down from positions of authority over their fellow men. Let now Your blessings be extended to our beloved Alaska through these men and women that, today, constitute our 2000-02-21 House Journal Page 2248 House of Representatives. Let them govern with the wisdom that You grant and may You give to them the humility that is vital to all good government. May they acknowledge in their hearts Your supremacy and be moved by You to value truth and righteousness above political expediency. Let their deliberations and decisions reflect Your justice and mercy to all Alaskans regardless of race or economic and social standing. Bless Alaska through them and bless them also personally, for their service to us. We offer this petition to You, our Lord, in the name of Your son, Jesus Christ. Amen. The Pledge of Allegiance was led by Representative Dyson. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 40th, 41st and 42nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Coghill introduced Katharine Moss, Guest Page, from North Pole. MESSAGES FROM THE SENATE A message dated February 18, 2000, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 186 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 186(FIN) by the Senate Finance Committee, entitled: 2000-02-21 House Journal Page 2249 SB 186 "An Act relating to a University of Alaska postsecondary education savings program, to the Alaska Higher Education Savings Trust, and to the Alaska advance college tuition savings fund; and providing for an effective date." was read the first time and referred to the Rules Committee for placement on the calendar. REPORTS OF STANDING COMMITTEES HB 224 The Health, Education & Social Services Committee submitted the following report to correct the report submitted on February 16, 2000, (page 2202) for: HOUSE BILL NO. 224 "An Act requiring a public employee labor organization representing employees of a school district, regional educational attendance area, or a state boarding school to give notice before striking." and recommends it be replaced with: CS FOR HOUSE BILL NO. 224(HES) (same title) The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do not pass (1): Brice Amend (4): Dyson, Coghill, Kemplen, Green The following fiscal note applies to CSHB 224(HES): Zero fiscal note, Dept. of Administration, 2/16/00 HB 224 is in the Labor & Commerce Committee. 2000-02-21 House Journal Page 2250 HB 239 The Judiciary Committee has considered: HOUSE BILL NO. 239 "An Act relating to the Uniform Commercial Code; relating to secured transactions; amending Rule 79, Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 239(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Kott, Croft No recommendation (1): Kerttula The following fiscal note applies to CSHB 239(L&C): Fiscal note, Dept. of Natural Resources, 2/11/00 HB 239 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 265 The House Special Committee on Economic Development and Tourism has considered: HOUSE BILL NO. 265 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." The report was signed by Representative Phillips, Chair, with the following individual recommendations: Do pass (5): Barnes, Cissna, Halcro, Kerttula, Phillips 2000-02-21 House Journal Page 2251 HB 265 No recommendation (1): Dyson The following fiscal note applies: Fiscal note, House Special Committee on Economic Development and Tourism/Dept. of Community & Economic Development, 2/21/00 HB 265 was referred to the Community & Regional Affairs Committee. HB 290 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 290 "An Act relating to stranded gas pipeline carriers and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of stranded gas pipeline carriers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 290(O&G) "An Act relating to oil and gas, to the sale and disposition of state royalty oil and gas, to pipeline carriers of natural gas produced from the North Slope of Alaska, and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of that natural gas." The report was signed by Representative Whitaker, Chair, with the following individual recommendations: Do pass (2): Phillips, Whitaker No recommendation (2): Green, Brice Amend (5): Dyson, Harris, Smalley, Porter, Kemplen The following fiscal notes apply to CSHB 290(O&G): 2000-02-21 House Journal Page 2252 HB 290 Fiscal note, Dept. of Community & Economic Development, 2/21/00 Zero fiscal note, Dept. of Revenue, 2/21/00 Zero fiscal note, Dept. of Natural Resources, 2/21/00 HB 290 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Wasilla High School Warriors, 1999 Northern Lights Conference Football Champions By Representative Kohring Honoring - Jack and Margaret Ward By Representative Sanders Honoring - K. Timothy Cline By Senator Adams CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 67 The following was read the second time: HOUSE BILL NO. 67 "An Act relating to release of certain persons alleged to have committed certain sexual offenses." with the: Journal Page JUD RPT CS(JUD) 5DP 839 2 INDETERMINATE FISCAL NOTES (ADM, COR) 840 FIN RPT CS(JUD) 5DP 2NR 1023 INDETERMINATE FISCAL NOTE (COR) 4/16/99 1023 INDETERMINATE FISCAL NOTE (ADM) 1169 2000-02-21 House Journal Page 2253 HB 67 The following fiscal notes were submitted by the Rules Committee and apply to CSHB 67(JUD): Indeterminate fiscal note, Dept. of Administration, 2/21/00 Zero fiscal note, Dept. of Corrections, 2/21/00 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. 67(JUD) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 67(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 67(JUD) will be in third reading on the February 23, 2000, calendar. HB 190 The following was read the second time: HOUSE BILL NO. 190 "An Act relating to viatical settlement contracts." with the: Journal Page L&C RPT CS(L&C) NT 2DP 5NR 2005 2 ZERO FISCAL NOTES (DCED, H.L&C/DCED) 2005 JUD RPT CS(JUD) NT 2DP 5NR 2139 2 ZERO FNS (DCED, H.L&C/DCED) 1/26/00 2140 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2000-02-21 House Journal Page 2254 HB 190 CS FOR HOUSE BILL NO. 190(JUD) "An Act relating to viatical settlement transactions; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 190(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 190(JUD) was read the third time. The question being: "Shall CSHB 190(JUD) pass the House?" The roll was taken with the following result: CSHB 190(JUD) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Halcro, Kemplen, Kerttula Absent: Moses And so, CSHB 190(JUD) 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. CSHB 190(JUD) was referred to the Chief Clerk for engrossment. 2000-02-21 House Journal Page 2255 HB 236 The following was read the second time: HOUSE BILL NO. 236 "An Act relating to credited service in the teachers' retirement system for part-time employment." with the: Journal Page STA RPT 5DP 1DNP 2140 ZERO FISCAL NOTE (ADM) 2140 HES REFERRAL WAIVED 2153 FIN RPT 7DP 2203 ZERO FISCAL NOTE (ADM) 2/9/00 2204 Amendment No. 1 was offered by Representative Ogan: Page 2, following line 22: Insert a new bill section to read: "* Sec. 2. AS 23.40.250(6) is amended to read: (6) "employee," for the purposes of meeting the definition of classified service, does not include a school principal ¦"EMPLOYEE" MEANS ANY EMPLOYEE OF A PUBLIC EMPLOYER, WHETHER OR NOT IN THE CLASSIFIED SERVICE OF THE PUBLIC EMPLOYER, EXCEPT ELECTED OR APPOINTED OFFICIALS OR SUPERINTENDENTS OF SCHOOLSá;" Renumber the following bill section accordingly. Representative Ogan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Davies objected. Representative Brice rose to a point of order stating the amendment was not appropriate because, in effect, it withdraws a bill from committee. The Speaker ruled that debate would be allowed to continue. 2000-02-21 House Journal Page 2256 HB 236 Representative Barnes rose to a point of order stating that legislation still in committee was not debatable on the floor. The Speaker stated that the point was well taken and would allow brief debate on the amendment. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 236 Second Reading Amendment No. 1 YEAS: 6 NAYS: 29 EXCUSED: 3 ABSENT: 2 Yeas: Coghill, Cowdery, Kohring, Ogan, Rokeberg, Sanders Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Smalley, Therriault, Whitaker, Williams Excused: Halcro, Kemplen, Kerttula Absent: Cissna, Moses And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Representative Green moved and asked unanimous consent that HB236 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 236 was read the third time. Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Mulder was required to vote. Representative Davies moved and asked unanimous consent that he be allowed to abstain from voting due to a potential conflict of interest. 2000-02-21 House Journal Page 2257 HB 236 Objection was heard, and Representative Davies was required to vote. The question being: "Shall HB 236 pass the House?" The roll was taken with the following result: HB 236 Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Kohring, Ogan Excused: Halcro, Kemplen, Kerttula Absent: Moses And so, HB 236 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Celebrating - 2000 National Engineers' Week By Senator Leman; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Davis, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams 2000-02-21 House Journal Page 2258 Honoring - Service High School Girls Volleyball Team, State Champions By Senator Ward; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Williams In Memoriam - Syd Wright By Representatives Grussendorf, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams In Memoriam - Joe Redington, Sr. By Representatives Masek, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams In Memoriam - Alaska Airlines Flight 261, Passengers and Crew By Senator Leman; Representatives Porter, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Williams In Memoriam - Rosemary C. Johnson By Senators Halford, Phillips, Tim Kelly; Representatives Dyson, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Davis, Foster, Grussendorf, Halcro, Harris, James, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams UNFINISHED BUSINESS HB 265 The Speaker added a Finance Committee referral to follow the Community & Regional Affairs Committee referral for the following: 2000-02-21 House Journal Page 2259 HB 265 HOUSE BILL NO. 265 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." HB 265 is in the Community & Regional Affairs Committee. Representative Green moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative James - from 4:45 p.m., March 1 to 4:25 p.m., plane time, March 3, 2000 HJR 49 Representative Kott added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 49 Proposing an amendment to the Constitution of the State of Alaska to guarantee the permanent fund dividend, to provide for inflation proofing, and to require a vote of the people before changing the statutory formula for distribution that existed on January 1, 2000. HJR 53 Representative Harris added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 53 Proposing amendments to the Constitution of the State of Alaska relating to a preference for taking wildlife for human consumption. HB 236 Representatives Brice, Phillips, Croft, James, and Cissna added their names as cosponsors to: HOUSE BILL NO. 236 "An Act relating to credited service in the teachers' retirement system for part-time employment." HB 349 Representative Harris added his name as cosponsor to: 2000-02-21 House Journal Page 2260 HB 349 HOUSE BILL NO. 349 "An Act relating to powers of the Board of Game, means of access for hunting, trapping, and fishing, the definition of 'means' and 'methods,' and hunting safety education and game conservation education programs; relating to the purposes of game refuges, fish and game critical habitat areas, and public use areas." HB 397 Representative Halcro added his name as cosponsor to: HOUSE BILL NO. 397 "An Act relating to marijuana." ENGROSSMENT HB 190 CSHB 190(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 236 HB 236 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HCR 11 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:15 p.m., February 18, 2000: HOUSE CONCURRENT RESOLUTION NO. 11 Relating to substance abuse treatment for offenders in the criminal justice system. HCR 15 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:15 p.m., February 18, 2000: 2000-02-21 House Journal Page 2261 HCR 15 HOUSE CONCURRENT RESOLUTION NO. 15(title am) Requesting the governor to proclaim March 2000 as Developmental Disability Awareness Month. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Labor & Commerce Committee 3:15 p.m., 2/21 HB 314 POSTPONED ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 23, 2000. There being no objection, the House adjourned at 12:12 p.m. Suzi Lowell Chief Clerk