Legislature(1999 - 2000)
2000-03-27 House Journal
Full Journal pdf2000-03-27 House Journal Page 2703 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 27, 2000 Seventy-eighth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 11:08 a.m. Roll call showed 34 members present. Representatives Austerman, Brice, and Bunde had been previously excused from a call of the House today. Representative Barnes was excused from a call of the House today due to illness. Representative Green moved and asked unanimous consent that Representative Masek's previous excuse (page 2620) be extended through today and that Representative Rokeberg be excused from a call of the House until 5:00 p.m. today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Marie Helm of the Christian Science Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: From Proverbs 3 -- Happy is the man that findeth wisdom, and the man that getteth understanding . . . My son, let them not depart from thine eyes; keep sound wisdom and discretion. . . Then shalt thou walk in thy way safely, and thy foot shall not stumble... For the Lord shall be thy confidence, and shall keep thy foot from being taken. 2000-03-27 House Journal Page 2704 Dear Father-Mother, As we begin this week, we give thanks for Your guiding presence and for the dedicated service of all the men and women gathered here today. We ask that You still our thoughts and open our minds to hear and follow Your loving and wise direction in each task we undertake. Teach us to put aside self, so that we may more clearly discern the needs of our fellow man and find answers to our challenges; answers that bless and include everyone. Unite our hearts in a clear vision of the good work we may accomplish and let love for You, for Christ, and for our fellow man impel each action we take. Let each of us feel more of Your holy presence and blessing as we work today. Amen. The Pledge of Allegiance was led by Representative Kott. RECONSIDERATION HB 284 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held to today (page 2660), be held to March 28, 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. HJR 56 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held to today (page 2660), be held to March 29, 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. 2000-03-27 House Journal Page 2705 CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 75th, 76th, and 77th legislative days, House Journal Supplement No. 7, and House & Senate Joint Journal Supplement No.15 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Kapsner introduced her brother, Toby Macar, Guest Page, from Stony River. Representative James introduced Emma Lily Schmitz, Guest Page, from Juneau. MESSAGES FROM THE GOVERNOR SB 99 A letter dated March 21, 2000, was received stating that the Governor has appointed Scott Sterling to replace Chris Miller on the 2000 Redistricting Planning Committee (pursuant to Chapter No. 18, SLA 1999, Redistricting Board/Census Figures). A letter dated March 24, 2000, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the Labor & Commerce Committee: Alcoholic Beverage Control Board Mr. Robert J. Klein - Anchorage Appointed: 05/31/95 Reappointed: 01/02/97 Reappointed: 03/21/00 Expires: 01/31/03 Ms. Toni Lee Jackson - Copper Center Appointed: 08/27/97 Reappointed: 03/21/00 Expires: 01/31/03 Board of Barbers and Hairdressers Ms. Darae Crews - Anchorage Appointed: 03/21/00 Expires: 07/01/00 2000-03-27 House Journal Page 2706 Board of Professional Counselors Ms. Janet McGillivary - Anchorage Appointed: 03/21/00 Expires: 11/01/01 The Speaker referred the following to the Judiciary Committee: Board of Governors of the Alaska Bar Ms. Anastasia Cooke Hoffman - Bethel Appointed: 03/21/00 Expires: 06/30/02 Commission on Judicial Conduct Ms. Sharon Nahorney - Anchorage Appointed: 07/16/91 Reappointed: 01/01/92 Reappointed: 03/06/96 Reappointed: 03/03/98 Reappointed: 03/21/00 Expires: 12/31/03 Alaska Judicial Council Ms. Gigi Pilcher - Ketchikan Appointed: 03/21/00 Expires: 05/18/05 The Speaker referred the following to the Health, Education & Social Services Committee: Board of Education Ms. Sally Rue - Juneau Appointed: 03/23/00 Expires: 01/31/02 Mr. Ernest E. Hall - Anchorage Appointed: 03/23/00 Expires: 01/31/05 Ms. Paula Rae Pawlowski - Anchorage Appointed: 08/27/98 Reappointed: 3/23/00 Expires: 01/31/05 Alaska Mental Health Trust Authority Board of Trustees Mr. Phil A. Younker - Fairbanks Appointed: 03/03/95 Reappointed: 03/21/00 Expires: 03/03/05 Ms. Caren Robinson - Juneau Appointed: 04/21/97 Reappointed: 03/21/00 Expires: 03/03/05 2000-03-27 House Journal Page 2707 The Speaker referred the following to the State Affairs Committee: State Commission for Human Rights Ms. Lisa M. Fitzpatrick - Anchorage Appointed: 03/21/00 Expires: 01/31/05 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE SB 250 A message dated March 24, 2000, was read stating the Senate has adopted the Conference Committee report on HCS CSSB 250(FIN) and CSSB 250(FIN) am, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 250 "An Act making supplemental appropriations; amending appropriations; making an appropriation to capitalize a fund; making a reappropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The House has adopted CCS SB 250 (page 2692). A message dated March 24, 2000, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 39 CS FOR SENATE JOINT RESOLUTION NO. 39(RES) by the Senate Resources Committee: Encouraging the United States Congress to pass S. 2214, a bill opening the coastal plain of the Arctic National Wildlife Refuge to responsible exploration, development, and production of its oil and gas resources. was read the first time and referred to the Resources Committee. 2000-03-27 House Journal Page 2708 FIRST READING AND REFERENCE OF SENATE BILLS SB 267 CS FOR SENATE BILL NO. 267(FIN) by the Senate Finance Committee, entitled: "An Act relating to management of game." was read the first time and referred to the Resources Committee. COMMUNICATIONS The following report was received: Dept. of Public Safety Violent Crimes Compensation Board Twenty-Sixth Annual Report, 1999 (as required by AS 18.67.170) REPORTS OF STANDING COMMITTEES HB 98 The Finance Committee has considered: HOUSE BILL NO. 98 "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska tribal family assistance programs; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 98(HES) "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by Alaska Native family assistance recipients; to paternity determinations and genetic testing involving 2000-03-27 House Journal Page 2709 HB 98 recipients of assistance under Alaska Native family assistance programs; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (6): Mulder, Bunde, Grussendorf, Moses, Davis, Foster No recommendation (1): Therriault The following fiscal notes apply to CSHB 98(HES): Zero fiscal note, Dept. of Revenue, 3/27/00 Zero fiscal note, Dept. of Health & Social Services, 3/3/00 HB 98 was referred to the Rules Committee for placement on the calendar. HB 273 The Labor & Commerce Committee has considered: HOUSE BILL NO. 273 "An Act relating to the disclosure of subscriber information by Internet service providers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 273(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Murkowski, Cissna No recommendation (4): Harris, Brice, Halcro, Rokeberg The following fiscal note applies to CSHB 273(L&C): Zero fiscal note, Dept. of Law, 3/27/00 2000-03-27 House Journal Page 2710 HB 273 HB 273 was referred to the Judiciary Committee. HB 344 The Finance Committee has considered: HOUSE BILL NO. 344 "An Act authorizing a land exchange between the Department of Natural Resources and Alaska Hard Rock, Inc.; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 344(FIN) "An Act authorizing a land exchange between the Department of Natural Resources and Alaska Hardrock, Inc.; approving a long- term lease of certain Alaska Railroad Corporation land at Healy; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (10): Therriault, Mulder, Bunde, Davies, Grussendorf, Moses, Davis, Phillips, Williams, Foster The following fiscal note applies to CSHB 344(FIN): Zero fiscal note, Dept. of Natural Resources, 2/7/00 HB 344 is on today's calendar. HB 418 The Finance Committee has considered: HOUSE BILL NO. 418 "An Act relating to program receipts collected by the division of insurance and to program receipts collected by the Department of Community and Economic Development for occupational licenses; and providing for an effective date." and recommends it be replaced with: 2000-03-27 House Journal Page 2711 HB 418 CS FOR HOUSE BILL NO. 418(FIN) "An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (5): Therriault, Mulder, Bunde, Moses, Foster No recommendation (1): Davis Amend (1): Grussendorf The following fiscal notes apply to CSHB 418(FIN): Fiscal note, Dept. of Community & Economic Development, 3/27/00 Fiscal note (No. 1), Dept. of Community & Economic Development, 3/1/00 HB 418 was referred to the Rules Committee for placement on the calendar. SB 175 The Resources Committee has considered: SENATE BILL NO. 175 "An Act relating to state mining law, to methods of locating mining claims, to the granting of larger mining claims using a legal subdivision based on rectangular survey descriptions, and to mandatory rental payments for prospecting rights." The report was signed by Representative Hudson, Co-chair, with the following individual recommendations: Do pass (7): Harris, Whitaker, Morgan, Barnes, Hudson, Joule, Kapsner The following fiscal note applies: 2000-03-27 House Journal Page 2712 SB 175 Senate fiscal note, Dept. of Natural Resources, 2/29/00 SB 175 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Bev Dunham, Seward Chamber of Commerce 1999 Person of the Year By Senator Torgerson Honoring - Ethel Lund By Senator Mackie, Representative Kookesh INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 22 HOUSE CONCURRENT RESOLUTION NO. 22 by the House Rules Committee: Establishing the Joint Special Committee on Ways and Means as a joint committee of the legislature. was read the first time and referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 42 The following was read the second time: 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." 2000-03-27 House Journal Page 2713 HB 42 with the: Journal Page JUD RPT CS(JUD) NT 3DP 1DNP 1NR 1AM 2607 FISCAL NOTE (LAW) 2608 FIN RPT CS(FIN) NT 4DP 6NR 2644 2 FISCAL NOTES (LAW, COURT) 2644 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 42(FIN) "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 Rules 79 and 82(b), Alaska Rules of Civil Procedure." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSSSHB 42(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSSHB 42(FIN) will be in third reading on the March 28, 2000, calendar. HB 239 The following was read the second time: 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." with the: Journal Page L&C RPT CS(L&C) 3DP 1NR 2170 FISCAL NOTE (DNR) 2171 2000-03-27 House Journal Page 2714 HB 239 JUD RPT CS(L&C) 3DP 1NR 2250 FISCAL NOTE (DNR) 2/11/00 2250 FIN RPT CS(FIN) 4DP 3NR 2663 FISCAL NOTE (DNR) 2/11/00 2663 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. 239(FIN) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 239(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 239(FIN) will be in third reading on the March 28, 2000, calendar. HB 344 The following was read the second time: HOUSE BILL NO. 344 "An Act authorizing a land exchange between the Department of Natural Resources and Alaska Hard Rock, Inc.; and providing for an effective date." with the: Journal Page RES RPT 6DP 1NR 2450 ZERO FISCAL NOTE (DNR) 2/7/00 2450 FIN RPT CS(FIN) NT 10DP 2710 ZERO FISCAL NOTE (DNR) 2/7/00 2710 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2000-03-27 House Journal Page 2715 HB 344 CS FOR HOUSE BILL NO. 344(FIN) "An Act authorizing a land exchange between the Department of Natural Resources and Alaska Hardrock, Inc.; approving a long- term lease of certain Alaska Railroad Corporation land at Healy; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 344(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 344(FIN) was read the third time. The question being: "Shall CSHB 344(FIN) pass the House?" The roll was taken with the following result: CSHB 344(FIN) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 6 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman, Barnes, Brice, Bunde, Masek, Rokeberg And so, CSHB 344(FIN) 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 344(FIN) was referred to the Chief Clerk for engrossment. 2000-03-27 House Journal Page 2716 SECOND READING OF SENATE BILLS SB 7 The following was read the second time: CS FOR SENATE BILL NO. 7(FIN) am "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." with the: Journal Page RES RPT HCS(RES) 3DP 3DNP 2NR 2173 3 FISCAL NOTES (DNR, F&G, UA) 2174 FIN RPT HCS(FIN) 5DP 3NR 2685 3 FISCAL NOTES (DNR, F&G, UA) 2685 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 7(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 7(FIN) will be in third reading on the March 28, 2000, calendar. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: 2000-03-27 House Journal Page 2717 In Memoriam - Henry Anelon, Sr. By Representatives Moses, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS SJR 18 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Kott, Chair: 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. CSSJR 18(RLS) was removed from the Judiciary Committee and referred to the Rules Committee for placement on the calendar. HCR 13 Representatives Cissna and Croft added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 13 Creating the Commission on Alaska's Future. HB 273 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 273 "An Act relating to the disclosure of subscriber information by Internet service providers." ENGROSSMENT HB 344 CSHB 344(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2000-03-27 House Journal Page 2718 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 28, 2000. There being no objection, the House adjourned at 11:53 a.m. Suzi Lowell Chief Clerk