Legislature(1999 - 2000)
1999-02-16 House Journal
Full Journal pdf1999-02-16 House Journal Page 0219 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday February 16, 1999 Twenty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 11:04 a.m. Roll call showed 38 members present. Representative Moses had been previously excused from a call of the House today. Representative Foster's excused absence to 9:30 a.m. plane time, today was later extended (page 225). The invocation was offered by the Chaplain, Pastor Brian Ewing of the Calvary Fellowship. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: From Romans 1:21-22: 'But their thinking became futile and their foolish hearts were darkened. Although they claimed to be wise, they became fools.' Father, Your word speaks of two kinds of wisdom: one so- called wisdom that comes from the earth and creates only a descending spiral of confusion and disorder, and another wisdom that comes from above and is pure and brings real peace. Father, You are the one who holds our lives in Your hands. You are the one to whom the greatest kings have looked in their times of distress. When they asked, You heard and gave to them the wisdom they needed to rule wisely. 1999-02-16 House Journal Page 0220 Father, You are the one from whom all true wisdom comes. Teach us. Teach wisdom to this body of men and women. Let their decisions today be based not on how they will play in the public eye, nor even based on a personal definition of right and wrong. Instead, cause our decisions to be drawn from the wisdom that You offer freely to whomever will humble himself and ask. In the name of Your son, Jesus, we ask. Amen The Pledge of Allegiance was led by Representative Harris. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 23rd, 24th, 25th, 26th, 27th and 28th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE Messages dated February 10, 1999, were read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 5 SENATE JOINT RESOLUTION NO. 5 am by Senators Halford, Pete Kelly, Taylor, Wilken, Donley, Ward, Leman, Miller, Pearce and Green: Opposing the closure of the former Mount McKinley portions of Denali National Park and Preserve to snowmachine use. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the Resources Committee. 1999-02-16 House Journal Page 0221 FIRST READING AND REFERENCE OF SENATE BILLS SB 49 CS FOR SENATE BILL NO. 49(FIN) by the Senate Finance Committee, entitled: "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 1999; and providing for an effective date." was read the first time and referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Major General Jake Lestenkof By Representative Masek Honoring - The Alaska Head Start Program By Representative Morgan Honoring - Alaska National Guard Youth Corps School, Graduating Class 99-1 By Representative Mulder Honoring - Craig R. Lewis, Emergency Services Pioneer By Representative Therriault Honoring - Joanne Collins, Anchor Point Chamber of Commerce, 1998 Citizen of the Year By Senator Torgerson Honoring - Nikiski High School, Girls Volleyball State Champions By Senator Ward Honoring - Nikiski High School, Wrestling State Champions By Senator Ward 1999-02-16 House Journal Page 0222 Honoring - Ann Eide Thompson By Senator Taylor In Memoriam - James Tomaralria Kasayulie By Representative Kapsner In Memoriam - Val A. Poor By Senator Elton; Representatives Hudson, Kerttula INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 94 HOUSE BILL NO. 94 by Representative Kott, entitled: "An Act removing employees of the Alcoholic Beverage Control Board from the exempt service." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 95 HOUSE BILL NO. 95 by the House Rules Committee by request of the Governor, entitled: "An Act making and amending 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 February 10, 1999, appears below: "Dear Speaker Porter: In 1990, Alaska voters created the Constitutional Budget Reserve (CBR) to cushion state services and the state's economy from some of the effects of oil price volatility. Since then, state budgets have included a provision authorizing use of this oil volatility reserve if general funds are not adequate for the budget levels appropriated by 1999-02-16 House Journal Page 0223 HB 95 the Legislature. Until last year, there was no specified limit on the dollar amount that could be drawn for this purpose since no one can predict oil prices with certainty. Most years, we have needed far less CBR funds than anticipated when the budgets were passed. The FY99 budget bill differed from prior years because it contained a $700,000,001 cap on the use of CBR funds. When the budget was passed last May, the Department of Revenue's spring oil price forecast for FY99 was $15.32, and the CBR draw was estimated to be $685 million. If oil had stayed as forecast, the $700 million cap on a CBR draw would not have affected budget levels set by the Legislature. The Department of Revenue's most recent forecast predicts an annual oil price of $11.58. If that price holds during the remaining four months of the fiscal year, general fund revenues will have to be supplemented with an estimated $1.2 billion from the CBR. The bill I am introducing today removes the specific limit on the amount of CBR funds to ensure we can continue to meet the expenditures authorized by the Legislature in this year's budget. Because no one can say exactly how much will be needed between now and June 30, a CBR limit with a revised specific dollar amount could result in another similar problem later in the fiscal year, possibly even after the Legislature has adjourned. Whether or not there is a limit on the CBR draw, agencies cannot expend more than the amount appropriated by the Legislature. This bill also corrects an inadvertent oversight from May when the CBR management fees did not come up for a separate CBR vote. I urge your prompt passage of this bill so we can resolve the issue before incurring cash flow problems at the beginning of March. Sincerely, /s/ Tony Knowles Governor" 1999-02-16 House Journal Page 0224 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 22 The following was read the second time: HOUSE BILL NO. 22 "An Act relating to investigations of property by a municipal assessor or the assessor's agent; and providing for an effective date." with the: Journal Page CRA RPT CS(CRA) 5DP 1NR 181 ZERO FISCAL NOTE (CRA) 181 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. 22(CRA) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 22(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 22(CRA) was read the third time. The question being: "Shall CSHB 22(CRA) pass the House?" The roll was taken with the following result: CSHB 22(CRA) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 1999-02-16 House Journal Page 0225 HB 22 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Foster, Moses And so, CSHB 22(CRA) 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. Representative Green moved and asked unanimous consent that Representative Foster's excused absence (page 94) be extended through today. There being no objection, it was so ordered. **The voting records for Representative Foster were corrected to reflect that he was excused today. CSHB 22(CRA) was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - The Surviving Friends of Elizabeth Peratrovich By Representatives Kerttula, Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Masek, Morgan, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Williams 1999-02-16 House Journal Page 0226 Honoring - The Servicemen and Servicewomen participating in Northern Edge 1999 By Representatives Coghill, Porter, Murkowski, James, Foster, Mulder, Rokeberg, Therriault, Whitaker, Davies, Brice, Joule, Smalley, Kerttula, Austerman, Barnes, Berkowitz, Bunde, Cissna, Croft, Davis, Dyson, Green, Grussendorf, Harris, Hudson, Kemplen, Kohring, Kookesh, Kott, Masek, Morgan, Ogan, Phillips, Sanders, Williams; Senators Pearce, Miller, Taylor, Pete Kelly, Torgerson, Wilken, Tim Kelly, Ward, Adams, Lincoln In Memoriam - Gaynell Hatcher By Senator Mackie; Representatives Austerman, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kott, Masek, Morgan, Mulder, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams In Memoriam - Lieutenant General David J. McCloud By Senator Leman; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams In Memoriam - Dr. Frank See, Sr. By Senator Mackie; Representatives Kookesh, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams In Memoriam - Chad Burgett By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kott, Masek, Mulder, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams In Memoriam - Edgar Nollner, Sr. By Senator Lincoln; Representatives Morgan, Masek, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kookesh, Kott, Mulder, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams 1999-02-16 House Journal Page 0227 UNFINISHED BUSINESS Representative Green moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kott - from 7:00 a.m., March 4 to 1:49 p.m., plane time, March 8, 1999 Representative Davis - from 7:00 p.m., March 18 to 9:35 p.m., plane time, March 21, 1999 Representative Murkowski - from 1:05 p.m., February 19 to 9:20p.m., plane time, February 21, 1999 (amended from page 106) HJR 9 Representative Smalley added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 9 Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system. HJR 11 Representative Smalley added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 11 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. HJR 12 Representative Dyson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 12 Relating to federal claims against funds obtained by settlement of state tobacco litigation. 1999-02-16 House Journal Page 0228 HB 22 Representatives Dyson, Smalley and Murkowski added their names as cosponsors to: CS FOR HOUSE BILL NO. 22(CRA) "An Act relating to investigations of property by a municipal assessor or the assessor's agent; and providing for an effective date." HB 81 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 81 "An Act relating to the provision of electric service in the state; and providing for an effective date." HB 82 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 82 "An Act relating to immunity for certain claims arising out of or in connection with the year 2000 date change; and providing for an effective date." SJR 5 Representatives Coghill and James added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 5 am Opposing the closure of the former Mount McKinley portions of Denali National Park and Preserve to snowmachine use. ENGROSSMENT HB 22 CSHB 22(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1999-02-16 House Journal Page 0229 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 2/16 The following meeting today has been changed as indicated: Community & Regional Affairs Committee 8:00 a.m., 2/16 meeting POSTPONED TO: 3:30 p.m., 2/16 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 17, 1999. There being no objection, the House adjourned at 11:38 a.m. Suzi Lowell Chief Clerk