Legislature(1999 - 2000)
2000-03-23 House Journal
Full Journal pdf2000-03-23 House Journal Page 2659 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday March 23, 2000 Seventy-fourth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:17 a.m. Roll call showed 36 members present. Representatives Austerman and Kott had been previously excused from a call of the House today. Representative Dyson was excused from a call of the House today due to illness and his presence was later noted. Representative Green moved and asked unanimous consent that Representative Kookesh be excused from a call of the House from 9:00a.m. to noon, today. There being no objection, it was so ordered. The invocation was offered by the Reverend Robert D. Nicholson of the Chapel by the Lake Presbyterian Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Grateful for the women of the State of Alaska including those who serve this House and those who serve in this House, let us pray: Creator Loving God, Your gifts bless us all in so many ways. We pause to thank You for the women who touch our lives and strengthen our communities. We remember those who are-- Instruments of mercy and legislators of good, Savers of patience and spenders of faith, Teachers and mentors from cradle to grave, 2000-03-23 House Journal Page 2660 Rockers of children and shakers of cages, Managers of resources and facilitators of life, Sewers of teddy bears, banners, and quilts, Scrubbers of faces and dishes and floors, Tellers of stories and spinners of dreams, Bearers of babies and burdens and blessings, Tutors of children and sources of truth, Builders of egos and Habitat Houses, Huggers and greeters and makers of peace, Mothers and sisters, friends and neighbors, Speakers of wisdom and vessels of grace, Reflectors of hope, here and in every place. Amen. The Pledge of Allegiance was led by Representative Mulder. RECONSIDERATION HJR 56 Representative Green moved and asked unanimous consent that the reconsideration (page 2654) of the following be held until March 27, 2000: HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife. There being no objection, it was so ordered. HB 284 Representative Green moved and asked unanimous consent that the reconsideration (page 2650) of the following be held until March 27, 2000: CS FOR HOUSE BILL NO. 284(JUD) am "An Act relating to uninsured and underinsured motor vehicle insurance; and providing for an effective date." There being no objection, it was so ordered. 2000-03-23 House Journal Page 2661 CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 73rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Coghill introduced Aaron Shaw, Guest Page, from Nenana. MESSAGES FROM THE SENATE Messages dated March 22, 2000, were read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 38 SENATE JOINT RESOLUTION NO. 38 by Senators Wilken, Donley, Taylor, Mackie, Phillips, and Pete Kelly: Expressing support for a cooperative United States-Canada feasibility study on extending the North American rail system through British Columbia and the Yukon Territory to Alaska. was read the first time and referred to the Transportation Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 177 CS FOR SENATE BILL NO. 177(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act relating to insurance trade practices; and providing for an effective date." 2000-03-23 House Journal Page 2662 SB 177 was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. SB 269 CS FOR SENATE BILL NO. 269(RLS) am by the Senate Rules Committee, entitled: "An Act relating to legislative powers and responsibility with respect to collective bargaining agreements between the state and a labor or employee organization representing state employees; and providing for an effective date." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following report was received: Dept. of Labor & Workforce Development Alaska Labor Relations Agency 1999 Annual Report March 2000 (as required by AS 23.05.370) REPORTS OF STANDING COMMITTEES HB 238 The Resources Committee has considered: HOUSE BILL NO. 238 "An Act establishing a federal tax obligation loan program under the commercial fishing loan program." The report was signed by Representatives Masek and Hudson, Co- chairs, with the following individual recommendations: Do pass (6): Whitaker, Harris, Morgan, Hudson, Joule, Kapsner 2000-03-23 House Journal Page 2663 HB 238 No recommendation (2): Barnes, Masek The following fiscal note applies: Zero fiscal note, Dept. of Community & Economic Development, 2/9/00 HB 238 was referred to the Finance Committee. HB 239 The Finance 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(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (4): Therriault, Davis, Phillips, Foster No recommendation (3): Bunde, Davies, Grussendorf The following fiscal note applies to CSHB 239(FIN): Fiscal note, Dept. of Natural Resources, 2/11/00 HB 239 was referred to the Rules Committee for placement on the calendar. HB 298 The Labor & Commerce Committee has considered: 2000-03-23 House Journal Page 2664 HB 298 HOUSE BILL NO. 298 "An Act requiring that health care insurers provide coverage for treatment of diabetes." and recommends it be replaced with: CS FOR HOUSE BILL NO. 298(L&C) "An Act requiring that certain health care insurers provide coverage for treatment of diabetes." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Murkowski, Harris, Brice, Cissna, Halcro No recommendation (1): Rokeberg The following fiscal notes apply to CSHB 298(L&C): Zero fiscal note, Dept. of Administration, 3/23/00 Zero fiscal note, Dept. of Community & Economic Development, 2/28/00 HB 298 was referred to the Finance Committee. HB 303 The Labor & Commerce Committee has considered: HOUSE BILL NO. 303 "An Act relating to the method of payment of fees and adoption of regulations under AS 21; relating to orders under AS 21 regarding risk based capital instructions; relating to accounting standards for insurance companies; amending the definitions of 'creditable coverage' and 'late enrollees' in AS 21.54; relating to requirements for small employer insurers; relating to requirements for issuance of new voting securities by an insurance company; requiring health care insurance coverage for reconstructive surgery following mastectomy; requiring guaranteed renewability of and certification of coverage regarding certain individual health insurance policies; and providing for an effective date." 2000-03-23 House Journal Page 2665 HB 303 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (5): Murkowski, Harris, Cissna, Brice, Halcro The following fiscal note applies: Zero fiscal note, Dept. of Community & Economic Development, 1/21/00 HB 303 was referred to the Health, Education & Social Services Committee. HB 371 The Transportation Committee has considered: HOUSE BILL NO. 371 "An Act relating to certain passenger vessels transacting business in the state or operating in the marine waters of the state." and recommends it be replaced with: CS FOR HOUSE BILL NO. 371(TRA) (same title) The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (2): Kemplen, Kookesh Do not pass (2): Masek, Cowdery No recommendation (1): Halcro The following fiscal notes apply to CSHB 371(TRA): Fiscal note, Dept. of Environmental Conservation, 3/23/00 Zero fiscal note, Dept. of Transportation & Public Facilities, 3/23/00 2000-03-23 House Journal Page 2666 HB 371 HB 371 was referred to the Labor & Commerce Committee. SJR 18 The Resources Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 18(RLS) Requesting Exxon Corporation to pay claimants for court-ordered damages resulting from the Exxon Valdez oil spill. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 18(O&G) Requesting Exxon Mobil Corporation to pay claimants for court- ordered damages resulting from the Exxon Valdez oil spill. (technical title change) The report was signed by Representatives Masek and Hudson, Co- chairs, with the following individual recommendations: Do pass (6): Whitaker, Harris, Morgan, Hudson, Joule, Kapsner No recommendation (2): Barnes, Masek The following fiscal note applies to HCS CSSJR 18(O&G): Zero fiscal note, House Special Committee on Oil & Gas, 3/3/00 CSSJR 18(RLS) was referred to the Judiciary Committee. SB 194 The Resources Committee has considered: CS FOR SENATE BILL NO. 194(RES) "An Act relating to the Alaska Chilkat Bald Eagle Preserve." The report was signed by Representatives Masek and Hudson, Co- chairs, with the following individual recommendations: 2000-03-23 House Journal Page 2667 SB 194 Do pass (8): Whitaker, Harris, Morgan, Barnes, Masek, Hudson, Joule, Kapsner The following fiscal note applies: Senate zero fiscal note, Dept. of Natural Resources, 2/22/00 CSSB 194(RES) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Todd Palin & Dusty Van Meter By Senator Green In Memoriam - Tina Louise Wassillie By Representative Moses; Senator Hoffman In Memoriam - William G. Saletic By Representative Hudson CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 204 The following was read the second time: HOUSE BILL NO. 204 "An Act relating to elk farming." with the: Journal Page RES RPT CS(RES) 6DP 1NR 2445 FISCAL NOTE (F&G) 2445 ZERO FISCAL NOTE (DEC) 2445 2000-03-23 House Journal Page 2668 HB 204 FIN RPT CS(RES) 5DP 4NR 2608 FISCAL NOTE (DNR) 2608 FISCAL NOTE (F&G) 3/8/00 2608 ZERO FISCAL NOTE (DEC) 3/8/00 2608 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. 204(RES) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 204(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 204(RES) was read the third time. The question being: "Shall CSHB 204(RES) pass the House?" The roll was taken with the following result: CSHB 204(RES) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman, Dyson, Kookesh, Kott And so, CSHB 204(RES) passed the House and was referred to the Chief Clerk for engrossment. **The presence of Representative Dyson was noted. 2000-03-23 House Journal Page 2669 HB 255 The following was read the second time: HOUSE BILL NO. 255 "An Act relating to villages; and providing for an effective date." with the: Journal Page CRA RPT CS(CRA) NT 4DP 2NR 2301 FISCAL NOTE (LAW) 2302 FIN RPT CS(CRA) NT 8DP 2NR 2630 FISCAL NOTE (LAW) 2/25/00 2631 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. 255(CRA) "An Act relating to cities incorporated under state law that are home rule communities." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 255(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 255(CRA) was read the third time. The question being: "Shall CSHB 255(CRA) pass the House?" The roll was taken with the following result: CSHB 255(CRA) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 2000-03-23 House Journal Page 2670 HB 255 Excused: Austerman, Kookesh, Kott And so, CSHB 255(CRA) passed the House and was referred to the Chief Clerk for engrossment. HB 318 The following was read the second time: HOUSE BILL NO. 318 "An Act relating to property disposal by law enforcement agencies." with the: Journal Page JUD RPT CS(JUD) 4DP 1NR 2353 ZERO FISCAL NOTE (DPS) 2353 FIN RPT CS(JUD) 7DP 2NR 2610 ZERO FISCAL NOTE (DPS) 3/1/00 2610 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. 318(JUD) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 318(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 318(JUD) was read the third time. The question being: "Shall CSHB 318(JUD) pass the House?" The roll was taken with the following result: CSHB 318(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 2000-03-23 House Journal Page 2671 HB 318 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman, Kookesh, Kott And so, CSHB 318(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 382 The following was read the second time: HOUSE BILL NO. 382 "An Act relating to the licensing of social workers and to the use of the title 'social worker' without a license; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 2DP 5NR 2390 ZERO FISCAL NOTE (DCED) 2391 FIN REFERRAL WAIVED 2597 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. 382(L&C) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 382(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 382(L&C) was read the third time. Representative Brice declared a conflict of interest. 2000-03-23 House Journal Page 2672 HB 382 The question being: "Shall CSHB 382(L&C) pass the House?" The roll was taken with the following result: CSHB 382(L&C) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Kohring, Ogan Excused: Austerman, Kookesh, Kott And so, CSHB 382(L&C) 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 382(L&C) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 297 The following, which was advanced to third reading from the March22, 2000, calendar (page 2651), was read the third time: CS FOR HOUSE BILL NO. 297(STA)(title am) "An Act relating to the circumstances under which an ambulatory surgical facility may relocate its services without obtaining a certificate of need and relating to the subsequent use of the site from which the ambulatory surgical facility relocated; and providing for an effective date." The question being: "Shall CSHB 297(STA)(title am) pass the House?" The roll was taken with the following result: 2000-03-23 House Journal Page 2673 HB 297 CSHB 297(STA)(title am) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman, Kookesh, Kott Absent: Joule, Moses And so, CSHB 297(STA)(title am) 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 297(STA)(title am) was referred to the Chief Clerk for engrossment. HB 310 The following, which was advanced to third reading from the March22, 2000, calendar (page 2652), was read the third time: CS FOR HOUSE BILL NO. 310(L&C) "An Act relating to the Alaska Insurance Guaranty Association." The question being: "Shall CSHB 310(L&C) pass the House?" The roll was taken with the following result: CSHB 310(L&C) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 2000-03-23 House Journal Page 2674 HB 310 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman, Kookesh, Kott Absent: Cowdery, Foster, Moses And so, CSHB 310(L&C) 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: Honoring - The Tesoro Iron Dog 2000, World's Longest Snowmobile Race By Senator Green; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - GCI Alaska Academic Decathlon By Senator Parnell; Representatives Bunde, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Pavela and Mary Wassillie By Representatives Moses, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Hoffman 2000-03-23 House Journal Page 2675 In Memoriam - Kristy Dawn Lamont By Representatives Moses, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Hoffman In Memoriam - Virginia Ayona Atuk By Representatives Foster, Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 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 Whitaker - from 7:35 p.m., March 24 to 9:30 a.m., plane time, March 27, 2000 Representative Davies - from 1:35 p.m., March 24 to 9:33 a.m., plane time, March 27, 2000 HB 42 Representative Cowdery added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 42 "An Act relating to civil liability for certain false or improper allegations in a civil pleading or for certain improper acts relating to a civil action; amending Rule 82(b), Alaska Rules of Civil Procedure; and providing for an effective date." HB 255 Representatives Moses, Croft, Green, Barnes, James, and Kemplen added their names as cosponsors to: 2000-03-23 House Journal Page 2676 HB 255 CS FOR HOUSE BILL NO. 255(CRA) "An Act relating to cities incorporated under state law that are home rule communities." HB 297 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 297(STA)(title am) "An Act relating to the circumstances under which an ambulatory surgical facility may relocate its services without obtaining a certificate of need and relating to the subsequent use of the site from which the ambulatory surgical facility relocated; and providing for an effective date." HB 318 Representative Green added his name as cosponsor to: CS FOR HOUSE BILL NO. 318(JUD) "An Act relating to property disposal by law enforcement agencies." ENGROSSMENT HB 204 CSHB 204(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 255 CSHB 255(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 297 CSHB 297(STA)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 310 CSHB 310(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2000-03-23 House Journal Page 2677 HB 318 CSHB 318(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 382 CSHB 382(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Conference Committee Capitol 532 4:00 p.m., 3/23 SB 250 Supplemental Appropriations ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 24, 2000. There being no objection, the House adjourned at 11:51 a.m. Suzi Lowell Chief Clerk