Legislature(1999 - 2000)
2000-04-18 House Journal
Full Journal pdf2000-04-18 House Journal Page 3249 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 18, 2000 One Hundredth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:10 a.m. Roll call showed 32 members present. Representatives Barnes, Masek, Mulder, Phillips, Rokeberg, Sanders, Therriault, and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain, Envoy Craig Fanning of The Salvation Army. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Shall we pray, Father God, be with us this day as we delight in Your handiwork that we call Alaska. Make us ever thankful for all its resources and its spectacular beauty. Allow each lawmaker here the ability to see Your creation in a fresh way today. Grant to them a clearer understanding of the issues that will require their attention, and bless them in all they accomplish for those they represent. This we ask as Your servants. Amen. The Pledge of Allegiance was led by Representative Murkowski. 2000-04-18 House Journal Page 3250 CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 99th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 7 The following letter was dated and received April 17, 2000: "Dear Speaker Porter: Under the authority of Art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) am H "An Act relating to the University of Alaska and university land and authorizing the University of Alaska to select additional state land." The bill provides for the selection and transfer of 260,000 acres of state land to the University of Alaska. It is the latest of several efforts since statehood to obtain more land for the university system as a revenue-raising means. Throughout my term as governor, I have strongly supported the university. I have proposed healthy operating budget increases, fought for adequate capital funding for university facilities, worked to encourage Alaska's best and brightest students to attend Alaska's university and obtained a long-term source of funding for the university through the Charter with BP Amoco. However, this bill is the wrong approach toward adequate resources for the university. As I did in 1995 and 1996, former Alaska Governor Bill Egan vetoed similar legislation in 1959. 2000-04-18 House Journal Page 3251 SB 7 As Governor Egan noted in his veto of a university lands bill, this measure is "inconsistent with constitutional concepts and not in the public interest." I agree with Governor Egan regarding the concept of earmarking state lands when he said: " . . . can we in good conscience limit the practice to the University? Why not similar provision for common schools, public building, hospitals, penal institutions, highways, airports, aid to dependent children, and so on throughout the entire list of important state functions?" I continue to believe the basic premise of the bill, transfer of state land to the university for the purpose of raising revenue, is not in the best interest of the state. It is an inefficient and unsuccessful way to secure reliable funding for the university. Instead, this bill will complicate state land management, contribute to significant land use conflicts, and likely lead to years of litigation reminiscent of the Mental Health Trust Lands case. Instead of a futile attempt to generate revenue for the university through the grant of additional state land, I have long worked for adequate resources for higher education. For the coming year, I proposed the largest increase ever - $16.9 million for the University of Alaska's operating budget. As a result of the Charter my administration negotiated between the State, BP Amoco and Phillips Petroleum Company, the university also will realize income estimated at $2.8 million each year. And, as I have in the past, I support an appropriation of additional federal lands to the university consistent with land grants offered in other states. The University of Alaska has a broad mission of educating and training Alaskans for future economic and civic responsibilities, for vital research in the public interest and for public service. Despite this veto, I remain open and willing to work with the university and its supporters on reasonable means to advance that mission. But a grant of state land as proposed in this bill will not solve the university's 2000-04-18 House Journal Page 3252 SB 7 immediate financial needs and, for the policy reasons expressed above, I must veto this legislation. Sincerely, /s/ Tony Knowles Governor" SB 267 The following letter was dated and received April 17, 2000: "Dear Speaker Porter: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 267(RES) "An Act relating to management of game." The bill virtually nullifies the widely supported 1996 citizen initiative, which banned the same-day airborne hunting of wolves, wolverine, fox and lynx except in limited cases of biological emergency. Most Alaskans do not consider it fair chase and appropriate hunting technique to track and spot a wolf from an aircraft, land, and kill it. This behavior also invites other unethical, illegal practices such as herding of wolves and shooting from the aircraft before landing. The initiative was supported by 58 percent of Alaska voters who said the practice of land and shoot hunting of wolves is unacceptable and that, while biological emergencies may justify such a drastic measure, these circumstances are exceptional and use of this game management tool must be tightly controlled. To use as a method of state predator control unethical techniques that encourage illegal activity is a throwback to the universally discredited policies of bounties, poisoning and denning, the practice of killing wolf pups. 2000-04-18 House Journal Page 3253 SB 267 This Legislature's approach to game management is out of touch and divisive. It has proven so in three ways. First, by efforts to remove public participation in wildlife management decisions. Second, by action to overturn public support of the initiative on same-day airborne wolf control. Third, by restricting and even prohibiting the statutory mandate for diversity of opinion on the state Board of Game. On the other hand, we can resolve the issue of predator control in a way that unifies Alaskans rather than dividing them. This can occur by increasing diversity on the Board of Game so that non-consumptive users are represented; by creating areas for the protection of wolves and bears to benefit the growing watchable wildlife sector of our visitor industry; and by applying principles of adaptive management so that any needed predator control efforts are part of a program of sound scientific research. The legislature began its erosion of the 1996 citizens' initiative last year by weakening the standards the public decided to apply to these types of predator control efforts. That bill was enacted over my veto. Added to the change included in this bill, the revisions are now so sweeping they subvert most of the initiative's provisions. These legislative tactics exclude Alaskans from management of our wildlife. Wildlife management must ensure the long-term conservation of all species and habitats and provide for the broadest range of human uses and values through an accessible and responsive public process. The control technique of land and shoot hunting endorsed by this bill sets bad wildlife management policy that will likely succeed only in polarizing Alaskans. Sincerely, /s/ Tony Knowles Governor" 2000-04-18 House Journal Page 3254 MESSAGES FROM THE SENATE HB 99 A message dated April 17, 2000, was read stating the Senate has passed: HOUSE BILL NO. 99 "An Act relating to sexual assault and the definitions of 'sexual contact,' 'sexual penetration,' and 'legal guardian' in AS 11." HB 99 was referred to the Chief Clerk for enrollment. HB 194 A message dated April 17, 2000, was read stating the Senate has passed: HOUSE BILL NO. 194 "An Act correcting, in the Alaska Disaster Act, a reference to the former oil and hazardous substance release response fund to describe that fund by its correct name." HB 194 was referred to the Chief Clerk for enrollment. HB 265 A message dated April 17, 2000, was read stating the Senate has passed: 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 was referred to the Chief Clerk for enrollment. HB 275 A message dated April 17, 2000, was read stating the Senate has passed: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) "An Act relating to the Uniform Probate Code, including trusts and governing instruments; relating to trustees; relating to 2000-04-18 House Journal Page 3255 HB 275 underproductive trust property; and relating to conveyances of real property and interests in real property by or to trusts." CSSSHB 275(JUD) was referred to the Chief Clerk for enrollment. HB 290 A message dated April 17, 2000, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 290(FIN) "An Act relating 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." CSHB 290(FIN) was referred to the Chief Clerk for enrollment. HB 315 A message dated April 17, 2000, was read stating the Senate has passed: HOUSE BILL NO. 315 "An Act relating to elimination of the Alaska Administrative Journal and instituting public notice requirements on the Alaska Online Public Notice System; amending public notice publication requirements for certain regulations; and providing for an effective date." HB 315 was referred to the Chief Clerk for enrollment. **The presence of Representative Sanders was noted. HB 382 A message dated April 17, 2000, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 382(L&C) "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." 2000-04-18 House Journal Page 3256 HB 382 CSHB 382(L&C) was referred to the Chief Clerk for enrollment. HB 428 A message dated April 17, 2000, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 428(FIN) "An Act relating to interest on child support overpayments that are disbursed to the obligor." CSHB 428(FIN) was referred to the Chief Clerk for enrollment. HB 361 A message dated April 17, 2000, was read stating the Senate has passed CSHB 361(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 361(FIN) "An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated and fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date." CSHB 361(FIN) is under Unfinished Business. A message dated April 17, 2000, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 207 SENATE BILL NO. 207 by the Senate Rules Committee by request of the Governor, entitled: 2000-04-18 House Journal Page 3257 SB 207 "An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 169 The Labor & Commerce Committee has considered: HOUSE BILL NO. 169 "An Act relating to including the costs of expansion activities and political activities in rates of electric cooperatives." and recommends it be replaced with: CS FOR HOUSE BILL NO. 169(L&C) "An Act relating to electric and telephone cooperatives, including expansion activities and political activities of electric and telephone cooperatives; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: No recommendation (6): Murkowski, Cissna, Harris, Sanders, Halcro, Rokeberg The following fiscal note applies to CSHB 169(L&C): Zero fiscal note, Dept. of Community & Economic Development, 4/13/00 HB 169 was referred to the Rules Committee for placement on the calendar. HB 425 The Judiciary Committee has considered: 2000-04-18 House Journal Page 3258 HB 425 HOUSE BILL NO. 425 "An Act relating to misrepresentation and false claims made against the state or a municipality; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 425(JUD) "An Act relating to civil liability to the state or a municipality for certain acts involving false claims, misrepresentation, false records, false statements, the failure to disclose a false claim, the purchase of public property from an unlawful source, or the receipt of a pledge of public property from an unlawful source; relating to criminal proceedings charging false statements or fraud; relating to misrepresented or fraudulent contract claims under the State Procurement Code; relating to the recovery of the property of a municipality, school district, or the state; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kerttula No recommendation (4): Croft, Murkowski, Kott, Rokeberg Amend (1): Green The following fiscal notes apply to CSHB 425(JUD): Indeterminate fiscal note, Dept. of Law, 2/28/00 Zero fiscal note, Dept. of Administration/All Depts., 2/28/00 HB 425 was referred to the Finance Committee. SJR 27 The Finance Committee has considered: 2000-04-18 House Journal Page 3259 SJR 27 SENATE JOINT RESOLUTION NO. 27 am Proposing amendments to the Constitution of the State of Alaska relating to revisions of the state constitution and providing that a court may not change language of a proposed constitutional amendment or revision. and recommends it be replaced with: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 27(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (5): Therriault, Davis, Phillips, Mulder, Foster Do not pass (2): Davies, Grussendorf No recommendation (4): Bunde, Austerman, Moses, Williams The following fiscal note applies to HCS SJR 27(FIN): Senate fiscal note, Office of the Governor, 1/24/00 SJR 27 am was referred to the Rules Committee for placement on the calendar. SB 26 The Finance Committee has considered: CS FOR SENATE BILL NO. 26(FIN) "An Act relating to hindering prosecution and to providing false information or reports to a peace officer." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Austerman, Williams, Phillips 2000-04-18 House Journal Page 3260 SB 26 No recommendation (5): Therriault, Bunde, Grussendorf, Moses, Davis The following fiscal notes apply: Senate fiscal note, Dept. of Administration, 4/12/00 Senate indeterminate fiscal note, Dept. of Corrections, 4/12/00 Senate indeterminate fiscal note, Alaska Court System, 3/30/00 Senate zero fiscal note, Dept. of Public Safety, 4/12/00 Senate zero fiscal note, Dept. of Law, 4/11/00 CSSB 26(FIN) was referred to the Rules Committee for placement on the calendar. SB 254 The Finance Committee has considered: CS FOR SENATE BILL NO. 254(HES) "An Act relating to heirloom certificates of marriage." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Mulder, Bunde, Austerman, Grussendorf, Davis, Williams, Foster No recommendation (1): Phillips The following fiscal note applies: Senate fiscal note, Dept. of Health & Social Services, 4/13/00 CSSB 254(HES) was referred to the Rules Committee for placement on the calendar. SB 257 The Finance Committee has considered: 2000-04-18 House Journal Page 3261 SB 257 SENATE BILL NO. 257 "An Act relating to notice requirements for certain final findings concerning the disposal of an interest in state land or resources for oil and gas; relating to administrative appeals and petitions for reconsideration of decisions of the Department of Natural Resources; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (3): Davies, Williams, Phillips No recommendation (7): Therriault, Mulder, Bunde, Austerman, Grussendorf, Davis, Foster The following fiscal note applies: Senate zero fiscal note, Dept. of Natural Resources, 2/9/00 SB 257 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Masek was noted. SB 261 The Finance Committee has considered: CS FOR SENATE BILL NO. 261(FIN) "An Act relating to needle stick and sharps injury protections and the use of safe needles by health care facilities and health care professionals; relating to the vaccination of health care workers against diseases transmitted by bloodborne pathogens; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (8): Bunde, Davies, Grussendorf, Moses, Davis, Williams, Phillips, Foster 2000-04-18 House Journal Page 3262 SB 261 No recommendation (1): Therriault The following fiscal notes apply: Zero fiscal note, Dept. of Labor & Workforce Development, 4/18/00 Zero fiscal note, Dept. of Corrections, 4/18/00 Zero fiscal note, Dept. of Health & Social Services, 4/18/00 CSSB 261(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Mulder was noted. SB 283 The Finance Committee has considered: CS FOR SENATE BILL NO. 283(RES) "An Act establishing the shore fisheries development lease program account and the timber receipts account; relating to the accounting for and appropriation of revenue from the state land disposal program, the shore fisheries development lease program, and the state timber disposal program; 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): Austerman, Davies, Grussendorf, Davis, Williams, Phillips No recommendation (4): Therriault, Mulder, Bunde, Foster The following fiscal notes apply: Fiscal note, Dept. of Natural Resources, 4/18/00 Senate fiscal note (No. 3), Dept. of Natural Resources, 3/31/00 CSSB 283(RES) was referred to the Rules Committee for placement on the calendar. 2000-04-18 House Journal Page 3263 SB 286 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 286(JUD) "An Act relating to the duties and powers of the attorney general." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 286(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Green No recommendation (4): Croft, Murkowski, Kerttula, Kott The following fiscal note applies to HCS CSSB 286(JUD): Senate indeterminate fiscal note, Dept. of Law, 3/23/00 CSSB 286(JUD) was referred to the Finance Committee. **The presence of Representatives Phillips and Rokeberg was noted. REPORTS OF SPECIAL COMMITTEES HB 225 The Conference Committee considering: CS FOR HOUSE BILL NO. 225(JUD) "An Act relating to election campaigns and legislative ethics; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S (same title) 2000-04-18 House Journal Page 3264 HB 225 requests limited powers of free conference on the following specific points: SCS CSHB 225(JUD) am S * Section 3 * Section 6 * Section 9 * Section 11 * Section 13 * Section 20 The request was signed by Representative Green, Chair and Senator Donley, Chair. Pursuant to Uniform Rule 42(a), the Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - United Way of the Tanana Valley By Representative Brice Honoring - Kevin Delaney, Retiring Director of Sport Fish By Representatives Mulder, Bunde Honoring - Mike Crosby By Representative Williams; Senator Taylor Honoring - June Robbins By Representative Williams; Senator Taylor Commemorating - Shattuck & Grummett Inc., 100th Anniversary By Representatives Hudson, Kerttula, Grussendorf; Senator Elton 2000-04-18 House Journal Page 3265 Honoring - Robert Churchill By Senator Donley; Representative Bunde In Memoriam - Daphne M. McLane By Representatives Davis, Phillips In Memoriam - Olinga M. Gregory By Representative Morgan; Senator Lincoln In Memoriam - Robert J. Piaskowski By Representative Sanders In Memoriam - Martha Kitka By Representative Grussendorf In Memoriam - Chief Alfred George Perkins, Jr., Yadusteix', Geil'eesh, Xaawxaach, Dl'ogudl'eik By Representative Grussendorf In Memoriam - Kerry T. Brookman By Senator Green; Representative Ogan In Memoriam - Frederick O. Baggett By Senator Green; Representative Masek CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 291 The following was read the second time: HOUSE BILL NO. 291 "An Act relating to the use of electronic format for certain state agency notices." with the: Journal Page STA RPT CS(STA) NT 6DP 2141 ZERO FISCAL NOTE (GOV/ALL DEPTS) 2141 FIN REFERRAL WAIVED 3151 2000-04-18 House Journal Page 3266 HB 291 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. 291(STA) "An Act relating to the giving of certain state agency notices." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 291(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 291(STA) was read the third time. The question being: "Shall CSHB 291(STA) pass the House?" The roll was taken with the following result: CSHB 291(STA) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker Absent: Barnes, Brice, Moses, Ogan, Therriault, Williams And so, CSHB 291(STA) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 85 The following was read the second time: 2000-04-18 House Journal Page 3267 SB 85 CS FOR SENATE BILL NO. 85(RLS) "An Act relating to credited service in the public employees' retirement system for temporary employment; and creating a public service benefit in the public employees' retirement system." with the: Journal Page STA RPT 5DP 1DNP 1NR 3002 SENATE FISCAL NOTE (ADM) 2/15/00 3002 FIN RPT 9DP 2NR 3192 SENATE FISCAL NOTE (ADM) 2/15/00 3193 Representative Green moved and asked unanimous consent that CSSB 85(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. **The presence of Representative Therriault was noted. CSSB 85(RLS) was read the third time. **The presence of Representatives Barnes and Williams was noted. The question being: "Shall CSSB 85(RLS) pass the House?" The roll was taken with the following result: CSSB 85(RLS) Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Kohring, Ogan And so, CSSB 85(RLS) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 2000-04-18 House Journal Page 3268 SB 103 The following was read the second time: SENATE BILL NO. 103 am "An Act relating to a curriculum for Native language education; and providing for an effective date." with the: Journal Page HES RPT HCS(HES) 5DP 2NR 3170 ZERO FISCAL NOTE (H.HES/DOE) 3171 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 103(HES) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS SB 103(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 103(HES) was read the third time. The question being: "Shall HCS SB 103(HES) pass the House?" The roll was taken with the following result: HCS SB 103(HES) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Kohring, Therriault 2000-04-18 House Journal Page 3269 SB 103 Absent: Moses And so, HCS SB 103(HES) 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. HCS SB 103(HES) was referred to the Chief Clerk for engrossment. SB 163 The following was read the second time: CS FOR SENATE BILL NO. 163(RLS) "An Act relating to trusts, to a trustee's duties to notify and inform beneficiaries, and to the revocation, modification, termination, reformation, construction, and trustees of trusts." with the: Journal Page JUD RPT HCS(JUD) 1DP 4NR 3060 SENATE ZERO FISCAL NOTE (LAW) 3/15/00 3061 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. 163(JUD) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 163(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 163(JUD) will be in third reading on the April 19, 2000, calendar. 2000-04-18 House Journal Page 3270 SB 268 The following was read the second time: SENATE BILL NO. 268 "An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders." with the: Journal Page JUD RPT HCS(JUD) 4DP 2NR 3172 2 SENATE ZERO FNS (COR, ADM) 2/24/00 3172 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 268(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 2, following line 11: Insert a new bill section to read: "* Sec. 2. AS12.55.125 is amended by adding a new subsection to read: (m) Notwithstanding (a)(4) and (f) of this section, if a court finds that imposition of a mandatory term of imprisonment of 99 years on a defendant subject to sentencing under (a)(4) of this section would be manifestly unjust, the court may sentence the defendant to a definite term of imprisonment otherwise permissible under (a) of this section." Renumber the following bill section accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Sanders objected. 2000-04-18 House Journal Page 3271 SB 268 Representative Ogan rose to a point of order regarding decorum in debate. The Speaker cautioned the members. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SB 268(JUD) Second Reading Amendment No. 1 YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Murkowski, Phillips, Porter, Smalley, Therriault, Whitaker, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Foster, James, Kohring, Masek, Mulder, Ogan, Rokeberg, Sanders And so, Amendment No. 1 was adopted. Representative Green moved and asked unanimous consent that HCS SB 268(JUD) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 268(JUD) am H was read the third time. The Speaker stated that, without objection, HCS SB 268(JUD) am H would be held in third reading to the April 19, 2000, calendar. SB 288 The following was read the second time: SENATE BILL NO. 288 "An Act authorizing the Department of Transportation and Public Facilities to enter into an agreement with the Inter-Island Ferry Authority regarding the operation of the Clarke Bay Terminal, Prince of Wales Island." 2000-04-18 House Journal Page 3272 SB 288 with the: Journal Page TRA RPT 3DP 2NR 3134 SENATE FISCAL NOTE (DOT) 3/24/00 3134 FIN RPT 10DP 3193 SENATE FISCAL NOTE (DOT) 3/24/00 3193 Representative Green moved and asked unanimous consent that SB288 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 288 was read the third time. The question being: "Shall SB 288 pass the House?" The roll was taken with the following result: SB 288 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Barnes, Croft, Kott, Masek, Rokeberg And so, SB 288 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF SENATE BILLS SB 222 The following, which was advanced to third reading from the April 17, 2000, calendar (page 3232), was read the third time: HOUSE CS FOR SENATE BILL NO. 222(L&C) "An Act relating to standard industrial classification for, eligibility 2000-04-18 House Journal Page 3273 SB 222 for benefits under, and the definition of 'benefit year' for the Alaska Employment Security Act; and providing for an effective date." The question being: "Shall HCS SB 222(L&C) pass the House?" The roll was taken with the following result: HCS SB 222(L&C) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, 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, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Masek And so, HCS SB 222(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. HCS SB 222(L&C) was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would stand at ease; and so the House stood at ease at 12:34 p.m. AFTER AT EASE The Speaker called the House back to order at 1:09 p.m. Representative Green moved and asked unanimous consent that the House revert to Messages from the Senate. Representative Croft objected. 2000-04-18 House Journal Page 3274 Representative Mulder placed a call of the House and lifted the call. The question being: "Shall the House revert to Messages from the Senate?" The roll was taken with the following result: Revert to Senate Messages YEAS: 27 NAYS: 12 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Absent: Davies And so, the motion passed and the House reverted to: MESSAGES FROM THE SENATE A message dated April 18, 2000, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 40 CS FOR SENATE JOINT RESOLUTION NO. 40(RLS) am by the Senate Rules Committee: Proposing amendments to the Constitution of the State of Alaska providing that the governor and lieutenant governor be elected by a majority vote; and changing the term of office of the governor and lieutenant governor. was read the first time and referred to the Judiciary and Finance Committees. 2000-04-18 House Journal Page 3275 REPORTS OF STANDING COMMITTEES HB 300 The Judiciary Committee has considered: HOUSE BILL NO. 300 "An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 300(JUD) "An Act relating to medical support orders for children; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kerttula Do not pass (1): James No recommendation (5): Croft, Murkowski, Green, Rokeberg, Kott The following fiscal note applies to CSHB 300(JUD): Zero fiscal note, Dept. of Revenue, 1/21/00 HB 300 was referred to Finance Committee. 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: 2000-04-18 House Journal Page 3276 Honoring - Sherri Jackson By Representatives Halcro, Rokeberg, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Sanders, Smalley, Therriault, Williams Honoring - Ruth Moulton By Representatives Kemplen, Croft, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Sanders, Smalley, Therriault, Williams; Senator Ellis Honoring - Pastor John Beyers By Representatives Kemplen, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Ellis Honoring - Celeste H. Benson By Representatives Kemplen, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Morgan, Murkowski, Sanders, Smalley, Therriault, Williams; Senator Ellis Honoring - Frank Hubbard By Representatives Barnes, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-04-18 House Journal Page 3277 Honoring - Marjorie Mayo, Doyon, Limited, Doyon Citizen of the Year 2000 By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - Elsie Sam-Vent, Doyon, Limited, Daaga' Community Service Award for 2000 By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - Teisha Simmons, Doyon, Limited, Chief Andrew Isaac Youth Leadership Shareholder of the Year 2000 By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - Hannah E. Maillelle, Doyon, Limited, Elders Shareholder of the Year 2000 By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - John P. Immel By Senator Wilken; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-04-18 House Journal Page 3278 Honoring - Evelyn Alexander By Senator Lincoln; Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - David Glines, Promotion to Rank of Brigadier General, Alaska Army National Guard Commander, 207th Infantry Group (Scout) By Senator Phillips; Representatives Mulder, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Stephanie Marie Irwin By Senator Lincoln; Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Evelyn Thomas By Senator Lincoln; Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Vera M. Skin By Representatives Joule, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Adams 2000-04-18 House Journal Page 3279 In Memoriam - Robert C. Kallenberg, Sr. By Senators Halford, Phillips; Representatives Dyson, Kohring, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Lilly Pitka By Senator Lincoln; Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Charles M. Warbelow By Senator Lincoln; Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Pearl Justine White By Senator Lincoln; Representatives Harris, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS HB 377 The Speaker added a House Special Committee on World Trade and State/Federal Relations referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 377 "An Act requiring oil discharge prevention and contingency plans and proof of financial responsibility for non-tank vessels and railroad tank cars; authorizing inspection under AS 46.04 of non- tank vessels and trains; and providing for an effective date." 2000-04-18 House Journal Page 3280 HB 377 HB 377 is in the Resources Committee. HB 403 The Speaker added a House Special Committee on World Trade and State/Federal Relations referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 403 "An Act requiring certain vessels to prepare and provide oil discharge prevention and contingency plans or to provide oil discharge prevention and contingency plans prepared in conjunction with a nonprofit association established for spill response and restoration purposes; and providing for an effective date." HB 403 is in the Resources Committee. SB 235 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: CS FOR SENATE BILL NO. 235(FIN) "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; authorizing the transfer of land between Alaska Railroad mileposts 133 and 134 from the Alaska Railroad Corporation to certain named individuals; relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities from Potter Station to Girdwood; and providing for an effective date." CSSB 235(FIN) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. 2000-04-18 House Journal Page 3281 HB 291 Representative James added her name as cosponsor to: CS FOR HOUSE BILL NO. 291(STA) "An Act relating to the giving of certain state agency notices." HB 413 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 413 "An Act relating to intensive family preservation services; and providing for an effective date." SB 34 Representative Davis added his name as cross sponsor to: CS FOR SENATE BILL NO. 34(FIN) "An Act relating to tattooing, body piercing, and ear piercing; relating to other occupations regulated by the Board of Barbers and Hairdressers; relating to fees charged by the Board of Barbers and Hairdressers; and providing for an effective date." SB 85 Representative James added her name as cross sponsor to: CS FOR SENATE BILL NO. 85(RLS) "An Act relating to credited service in the public employees' retirement system for temporary employment; and creating a public service benefit in the public employees' retirement system." SB 103 Representatives Kapsner, Harris, Dyson, James, and Smalley added their names as cross sponsors to: HOUSE CS FOR SENATE BILL NO. 103(HES) "An Act relating to a curriculum for Native language education; and providing for an effective date." SB 268 Representative Harris added his name as cross sponsor to: 2000-04-18 House Journal Page 3282 SB 268 HOUSE CS FOR SENATE BILL NO. 268(JUD) am H "An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders." ENGROSSMENT HB 291 CSHB 291(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 103 HCS SB 103(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 222 HCS SB 222(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. Majority Caucus Speaker's Chamber upon adj., 4/18 Minority Caucus upon adj., 4/18 Conservative Republican Minority Caucus upon adj., 4/18 The following meeting today has been changed as indicated: Judiciary Committee 1:00 p.m., 4/18 meeting CANCELED ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 19, 2000. There being no objection, the House adjourned at 1:30 p.m. Suzi Lowell Chief Clerk