Legislature(1999 - 2000)

1999-01-21 House Journal

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1999-01-21                     House Journal                      Page 0043
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                      Thursday          January 21, 1999         
                                                                               
                                  Third Day                                  
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:00 a.m.                                                           
                                                                               
                                                                               
Roll call showed 38 members present.  Representative Rokeberg had              
been previously excused from a call of the House today.                        
Representative Mulder was absent and his presence was noted later.             
                                                                               
                                                                               
The invocation was offered by the Chaplain, 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,                                                              
                                                                               
As this day begins to unfold, my earnest prayer is that Your                  
presence will fill these chambers, and that all who work here                  
will experience Your blessing and Your help.  I know that                      
these men and women sacrifice much to serve the people of                      
this state.  I pray that You will keep them and their families                 
at peace and in health.  Prosper their labor as they seek the                  
good of our people.  May their deliberations be met with Your                  
wisdom, and may their decisions meet Your criteria for justice                 
and truth.  May the good that You desire us to see, come to                    
us through the efforts of these who serve us in government.                    
Bless and uphold them.  Encourage and direct them.  Hold                       
them and our state in Your hands and lead us in Your will.                     
In Jesus' name.  Amen                                                          

1999-01-21                     House Journal                      Page 0044
The Pledge of Allegiance was led by Representative Joule.                      
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the second legislative day be approved as certified by the         
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 19, 1999, was read stating the Senate has              
confirmed the following members to the Select Committee on                     
Legislative Ethics:                                                            
                                                                               
	Senator Torgerson                                                             
	Senator Hoffman                                                               
	Senator Pearce, Alternate                                                     
	Senator Elton, Alternate                                                      
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
A message dated January 19, 1999, was read stating the Senate has              
passed the following, and it is transmitted for consideration:                 
                                                                               
SCR 1                                                                        
SENATE CONCURRENT RESOLUTION NO. 1 by the Senate Rules                         
Committee by request of the Senate Committee on Committees:                    
                                                                               
Suspending provisions of Rule 1(e), Uniform Rules of the Alaska               
State Legislature, relating to proportional minority membership on             
standing committees as it applies to the Senate Finance Committee              
during the Twenty-First Alaska State Legislature.                              
                                                                               
was read the first time and referred to the Rules Committee.                   
                                                                               
                                                                               
**The presence of Representative Mulder was noted.                             
                                                                               

1999-01-21                     House Journal                      Page 0045
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Joint Committee on Electric Utility Restructuring                              
Report and Recommendations on                                                  
Electric Utility Restructuring, January 19, 1999                               
(as required by Legislative Resolve No. 70, SLA 1998)                          
                                                                               
Division of Legislative Audit                                                  
Legislative Budget & Audit Committee                                           
Audit Reports                                                                  
(as required by AS 24.20.311)                                                  
                                                                               
	1998 Annual Report, Unabridged                                                
	1998 Annual Report, Condensed                                                 
                                                                               
	Dept. of Commerce & Economic Development                                      
		Alaska Science and Technology Foundation                                     
		Grant Procedures                                                             
		September 30, 1998                                                           
                                                                               
		Division of Occupational Licensing                                           
		Board of Marine Pilots                                                       
		November 18, 1998                                                            
                                                                               
	Dept. of Environmental Conservation                                           
	Division of Facility Construction and Operation                               
	Village Safe Water Program                                                    
	Rural Sanitation 2005 Action Plan                                             
	October 2, 1998                                                               
                                                                               
	Dept. of Fish & Game                                                          
	Sport Fish Revenue Review                                                     
	November 10, 1998                                                             
                                                                               
	Dept. of Labor                                                                
	Employment Security Division                                                  
	Reorganization and Consolidation of                                           
	Agency Operations                                                             
	December 8, 1998                                                              

1999-01-21                     House Journal                      Page 0046
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Judiciary Committee has reviewed the appointments of the                   
following individuals and recommends them to the House for                     
consideration:                                                                 
                                                                               
                                H. Conner Thomas                               
                                Curt D. Wallace                                
                                                                               
as public members of the Select Committee on Legislative Ethics.               
                                                                               
                                                                               
The reports were signed by Representative Kott, Chair; and,                    
Representatives Murkowski, Kerttula, Green, James and Croft.                   
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Ping-Tung Chang                                                     
By Representative Kohring; Senator Green                                       
                                                                               
Honoring - 517th Airlift Squadron                                              
By Representatives Kohring, Murkowski                                          
                                                                               
                                                                               
In Commemoration - Alaska Agricultural and Forestry Experiment                 
Station, 100th Anniversary                                                     
By Representatives Kohring, Phillips; Senator Green                            
                                                                               
                                                                               
In Memoriam - Jodi Rae Barve                                                   
By Representatives Kohring, Masek; Senators Green, Halford                     
                                                                               
In Memoriam - William "Bill" Hall                                              
By Representatives Kohring, Dyson; Senators Phillips, Halford                  
                                                                               
In Memoriam - John Michael & Stephanie M. Arzie                                
By Representatives Kohring, Dyson; Senators Phillips, Halford                  

1999-01-21                     House Journal                      Page 0047
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
HB 10                                                                        
The Speaker removed the Health, Education & Social Services                    
Committee referral and added a Labor & Commerce Committee                      
referral for the following:                                                    
                                                                               
HOUSE BILL NO. 10                                                             
"An Act extending the termination date of the Board of Certified              
Direct-Entry Midwives; and providing for an effective date."                   
                                                                               
HB 10 was removed from Health, Education & Social Services                     
Committee and was referred to the Labor & Commerce Committee.                  
                                                                               
HB 29                                                                        
The  Speaker added a Labor & Commerce Committee referral to                    
precede the Finance Committee referral for the following:                      
                                                                               
HOUSE BILL NO. 29                                                             
"An Act requiring that the cost of contraceptives and related health          
care services be included in health insurance coverage."                       
                                                                               
HB 29 is in the Health, Education & Social Services Committee.                 
                                                                               
HB 48                                                                        
HOUSE BILL NO. 48 by Representative Sanders, entitled:                         
                                                                               
"An Act providing for an advisory vote on the issue of capital                
punishment."                                                                   
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
HB 49                                                                        
HOUSE BILL NO. 49 by the House Rules Committee by request of                   
the Legislative Budget & Audit Committee, entitled:                            
                                                                               
"An Act relating to the increase of an appropriation item based on            
additional federal or other program receipts."                                 
                                                                               

1999-01-21                     House Journal                      Page 0048
HB 49                                                                        
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 50                                                                        
HOUSE BILL NO. 50 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations for the operating and loan program              
expenses of state government, for certain programs, and to                     
capitalize funds; making appropriations under art. IX, sec. 17(c),             
Constitution of the State of Alaska, from the constitutional budget            
reserve fund; and providing for an effective date."                            
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
The Governor's transmittal letter dated January 20, 1999, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
The reality of current record-low oil prices dictates decisive action to       
balance Alaska's budget.  But we learned from the oil price crash of           
the mid-1980s that it is also essential to maintain economic stability.        
I believe a responsible FY 2000 budget must:                                   
                                                                               
*	Strengthen, build and diversify our economy;                                 
*Reduce costs through efficiencies, consolidations, new technology,           
user pay, and, where appropriate, service reductions; and                      
*Continue progress in improving our schools and the well being of             
our children.                                                                  
                                                                               
                                                                               
My proposed $2.3 billion FY2000 budget cuts $13.5 million from                 
FY1999 -- absorbing critical increases such as $23.6 million for               
schools and the University, $15 million for corrections and public             
safety, and millions in inflation costs.                                       
                                                                               
The operating budget uses welfare reform savings and a new,                    
sustainable source of revenue to continue commitments we jointly               
made last year in child health and  protection.  The recent settlement         

1999-01-21                     House Journal                      Page 0049
HB 50                                                                        
with the tobacco industry will bring in $22 million next year and $23-         
28 million each year until at least 2025, avoiding an additional draw          
on the Constitutional Budget Reserve.                                          
                                                                               
In the long term, these initiatives will help balance Alaska's budget by       
strengthening our economy and averting costly social problems. It is           
therefore consistent with my proposal for Alaskas Balanced Budget              
Plan.                                                                          
                                                                               
As we look at ways to reduce state spending, it's important to                 
remember that even with a $1,500 dividend, spending in FY2000                  
would be $186 less per person than in FY1979. And according to                 
figures released last month by the National Association of State Budget        
Officers, Alaska is alone in all the states in cutting its general fund        
budget over the past four years.  In fact, the average four-year increase      
among the states is 21.7%, while we cut our budget 2.8%.                       
                                                                               
We must ensure the FY2000 budget is consistent with a plan that                
balances the general fund budget before our Constitutional Budget              
Reserve is depleted.  I pledge to work cooperatively with you and local        
government officials to involve the public in the hard decisions ahead.        
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 51                                                                        
HOUSE BILL NO. 51 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations for the operating and capital                   
expenses of the state's integrated comprehensive mental health                 
program; and providing for an effective date."                                 
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
A spreadsheet from the Office of Management and Budget, titled "FY             
2000 Governor's Mental Health Trust Operating and Capital Budgets,"            
was attached and is on file in the Chief Clerk's office.                       

1999-01-21                     House Journal                      Page 0050
HB 51                                                                        
The Governor's transmittal letter dated January 20, 1999, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
As part of the budget package I present to the Legislature today, I am         
transmitting this separate appropriation bill for the states integrated,       
comprehensive mental health program.  This bill includes both                  
operating and capital appropriations.  As required by statute, I have          
attached a report of the differences between my proposed budget and            
the recommendations of the Alaska Mental Health Trust Authority.               
                                                                               
Alaska has made great progress in serving mental health settlement             
beneficiaries and emphasizing community-based services.  This                  
proposed FY2000 mental health bill continues that progress with state          
general funds and Trust Authority receipts.  In addition, Alaska               
Housing Finance Corporation receipts are used for housing-related              
capital projects.                                                              
                                                                               
This bill is a comprehensive package that has been developed through           
a positive and productive working relationship between my                      
Administration, members of the Board of Trustees, and their staff.  We         
look forward to working with the Legislature to support these proposed         
investments for Trust beneficiaries.                                           
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 52                                                                        
HOUSE BILL NO. 52 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act making and amending capital appropriations and                        
reappropriations and capitalizing funds; and providing for an                  
effective date."                                                               
                                                                               
was read the first time and referred to the Finance Committee.                 

1999-01-21                     House Journal                      Page 0051
HB 52                                                                        
The Governor's transmittal letter dated January 20, 1999, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
Whether oil prices are high or low, Alaska has very basic capital              
construction needs which cannot be ignored.  In fact, we have every            
reason to ensure that our states economy is strengthened with wise             
investments in our public infrastructure.  The capital budget I am             
proposing for FY2000 focuses on transportation, public safety,                 
education, economic development, and health.                                   
                                                                               
Fortunately for us in these times of low oil prices, $641 million of the       
total $921 million proposal would be paid with federal funds, a $55            
million increase over what we are receiving this year. In                      
acknowledgement of our current fiscal situation, I reduced the general         
fund portion of the budget from $85.4 million to $81.5 million.                
Alaska Housing Finance Corporation's (AHFCs) share of the capital              
budget remains at $52 million.                                                 
                                                                               
Last year, the Legislature appropriated AHFCs dividend to the                  
education formula and bond debt.  Similarly, I recommend that we use           
Alaska Industrial Development and Export Authority's FY2000                    
dividend of $18.8 million to fund the community capital matching               
grants program and economic development projects such as matching              
federal funds for harbor improvements.                                         
                                                                               
Alaska's good fortune in getting significantly higher federal funding for      
highways can be secured only if the required state matching funds are          
raised.  I have already announced my proposal for an aggressive                
investment in transportation to be funded with a moderate increase in          
the highway motor fuel tax.  Even with the increase, Alaska's tax rate         
(which has remained 8 cents since 1961) would still be lower than in           
forty-five other states.                                                       
                                                                               
Although considerable progress was made last session in funding                
deferred maintenance and K-12 construction and major maintenance               
projects with AHFC bonds, we still need to fund the remaining                  
projects on the statewide priority lists.  We could consider another           
bond  package  to  accomplish  this  if,  and  only if, we are able to         

1999-01-21                     House Journal                      Page 0052
HB 52                                                                        
implement a balanced budget plan that will assure ourselves and bond           
investors our state finances are on solid ground.                              
                                                                               
I look forward to working with you on a capital program for FY2000             
that is fiscally responsible and works toward further economic growth          
throughout Alaska.                                                             
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 53                                                                        
HOUSE BILL NO. 53 by Representative Smalley, entitled:                         
                                                                               
"An Act relating to allowable absences from the state for purposes            
of eligibility for permanent fund dividends; and providing for an              
effective date."                                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
HB 54                                                                        
HOUSE BILL NO. 54 by Representative Croft, entitled:                           
                                                                               
"An Act relating to tattooing and body piercing; and providing for            
an effective date."                                                            
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
HR 6                                                                         
The Speaker stated that, without objection, the following resolution           
which is on the bottom of today's calendar would be returned to the            
Rules Committee:                                                               
                                                                               
HOUSE RESOLUTION NO. 6                                                        
Establishing a House Special Committee on Electric Utility                    
Restructuring.                                                                 

1999-01-21                     House Journal                      Page 0053
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HR 1                                                                         
The following was read the second time:                                        
                                                                               
HOUSE RESOLUTION NO. 1                                                        
Establishing a House Special Committee on Fisheries.                          
                                                                               
The following fiscal note was published:                                       
                                                                               
Zero fiscal note, House Rules Committee, 1/21/99                               
                                                                               
Representative Green moved and asked unanimous consent that HR1                
pass the House.  There being no objection, HR 1 passed the House.              
                                                                               
The following committee members were appointed (page 9):  Hudson,              
Chair; Dyson, Whitaker, Harris, Morgan, Kapsner, Smalley                       
                                                                               
HR 1 was referred to the Chief Clerk for engrossment and enrollment.           
                                                                               
HR 2                                                                         
The following was read the second time:                                        
                                                                               
HOUSE RESOLUTION NO. 2                                                        
Establishing a House Special Committee on World Trade and                     
State/Federal Relations.                                                       
                                                                               
The following fiscal note was published:                                       
                                                                               
Zero fiscal note, House Rules Committee, 1/21/99                               
                                                                               
Representative Green moved and asked unanimous consent that HR2                
pass the House.                                                                
                                                                               
Representative Berkowitz objected and withdrew the objection.  There           
being no further objection, HR 2 passed the House.                             
                                                                               
The following committee members were appointed (page 10): Barnes,              
Chair; Cowdery, Vice Chair; Masek, Phillips, Green, Berkowitz, Joule           
                                                                               
HR 2 was referred to the Chief Clerk for engrossment and enrollment.           

1999-01-21                     House Journal                      Page 0054
HR 3                                                                         
The following was read the second time:                                        
                                                                               
HOUSE RESOLUTION NO. 3                                                        
Establishing a House Special Committee on Economic                            
Development and Tourism.                                                       
                                                                               
                                                                               
The following fiscal note was published:                                       
                                                                               
Zero fiscal note, House Rules Committee, 1/21/99                               
                                                                               
Representative Green moved and asked unanimous consent that HR3                
pass the House.  There being no objection, HR 3 passed the House.              
                                                                               
The following committee members were appointed (page 10):  Phillips,           
Chair; Barnes, Rokeberg, Dyson, Halcro, Cissna, Kerttula                       
                                                                               
HR 3 was referred to the Chief Clerk for engrossment and enrollment.           
                                                                               
HR 4                                                                         
The following was read the second time:                                        
                                                                               
HOUSE RESOLUTION NO. 4                                                        
Establishing a House Special Committee on Oil and Gas.                        
                                                                               
                                                                               
The following fiscal note was published:                                       
                                                                               
Zero fiscal note, House Rules Committee, 1/21/99                               
                                                                               
Representative Green moved and asked unanimous consent that HR4                
pass the House.  There being no objection, HR 4 passed the House.              
                                                                               
The following committee members were appointed (page 9):                       
Whitaker, Chair; Dyson, Phillips, Ogan, Harris, Kemplen, Brice                 
                                                                               
HR 4 was referred to the Chief Clerk for engrossment and enrollment.           
                                                                               
                                                                               

1999-01-21                     House Journal                      Page 0055
HR 5                                                                         
The following was read the second time:                                        
                                                                               
HOUSE RESOLUTION NO. 5                                                        
Establishing a House Special Committee on Military and Veterans'              
Affairs.                                                                       
                                                                               
                                                                               
The following fiscal note was published:                                       
                                                                               
Zero fiscal note, House Rules Committee, 1/21/99                               
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that HR5                
pass the House.  There being no objection, HR 5 passed the House.              
                                                                               
The following committee members were appointed (page 10):                      
Murkowski, Chair; Coghill, Vice Chair; James, Phillips, Kott, Cissna,          
Croft                                                                          
                                                                               
HR 5 was referred to the Chief Clerk for engrossment and enrollment.           
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Green moved  that the House confirm the appointments            
of Representatives Kott and Kookesh and Representatives Porter and             
Berkowitz (Alternates) to the Select Committee on Legislative Ethics.          
                                                                               
                                                                               
The question being:  "Shall the House confirm the appointments of              
Representatives Kott and Kookesh and Representatives Porter and                
Berkowitz (Alternates) to the Select Committee on Legislative Ethics?"         
The roll was taken with the following result:                                  
                                                                               
Select Committee Legislative Ethics - Confirm                                  
Kott, Kookesh                                                                  
Porter, Berkowitz (Alternates)                                                 
                                                                               
YEAS:  37   NAYS:  1   EXCUSED:  1   ABSENT:  1                              
                                                                               
                                                                               

1999-01-21                     House Journal                      Page 0056
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, Masek, Morgan, Moses, Murkowski, Phillips,             
Porter, Sanders, Smalley, Therriault, Whitaker, Williams                       
                                                                               
Nays:  Ogan                                                                    
                                                                               
Excused:  Rokeberg                                                             
                                                                               
Absent:  Mulder                                                                
                                                                               
And so, the nominations were confirmed.                                        
                                                                               
                                                                               
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 6:59 p.m., January 21 to 9:32 p.m.,             
plane time, January 24, 1999                                                   
                                                                               
Representative Therriault - from 7:00 a.m., January 22 to 5:00 p.m.,           
plane time, January 22, 1999                                                   
                                                                               
Representative Sanders - from noon, January 22 to 9:30 a.m., plane             
time, January 25, 1999                                                         
                                                                               
Representative Kookesh - from 8:00 a.m., January 22 to 5:00 p.m.,              
plane time, January 25, 1999                                                   
                                                                               
Representative Kott - from 7:12 a.m., January 22 to 7:57 p.m., plane           
time, January 24, 1999                                                         
                                                                               
Representative Murkowski - from 7:12 a.m., January 23 to 9:32 p.m.,            
plane time, January 24, 1999                                                   
                                                                               
Representative Williams - from 4:00 p.m., January 22 to 9:45 a.m.,             
plane time, January 25, 1999                                                   
                                                                               
Representative Bunde - from noon, February 12 to 6:30 p.m., plane              
time, February 15, 1999                                                        

1999-01-21                     House Journal                      Page 0057
Representative Ogan - from 7:00 a.m., plane time, January 22 to                
2:00a.m., ferry time, January 26, 1999 (amended from page 31)                  
                                                                               
Representative Kemplen - from 7:00 a.m., January 23 to 1:54 p.m.,              
plane time, January 25, 1999 (amended from page 31)                            
                                                                               
                                   * * * * *                                   
                                                                               
The House observed a moment of silence in memory of Edgar Nollner,             
a musher from the original dog team relay that carried diphtheria              
serum to Nome in 1925.                                                         
                                                                               
HB 18                                                                        
Representative Ogan added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 18                                                             
"An Act making a special appropriation from the earnings reserve              
account to the principal of the permanent fund; and providing for              
an effective date."                                                            
                                                                               
                                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., January 22, 1999.  There being no              
objection, the House adjourned at 11:25 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk