Legislature(1999 - 2000)

1999-02-19 House Journal

Full Journal pdf

1999-02-19                     House Journal                      Page 0245
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Friday          February 19, 1999         
                                                                               
                              Thirty-second Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:07 a.m.                                                           
                                                                               
                                                                               
Roll call showed 32 members present.  Representatives Dyson,                   
Kookesh, Kott, Morgan and Phillips had been previously excused from            
a call of the House today.  Representative Barnes was excused from             
a call of the House due to illness.  Representative Brice was absent           
and his presence was noted later.                                              
                                                                               
Representative Green moved and asked unanimous consent that                    
Representative Mulder be excused from a call of the House from today           
to 9:10 p.m., plane time, February 20, 1999.  There being no objection,        
it was so ordered.                                                             
                                                                               
                                                                               
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:                                          
                                                                               
'Although they know God's righteous decree that those who do                  
such things deserve death, they not only continue to do these                  
very things but also approve of those who practise them.'                      
(Romans 1:32)                                                                  
                                                                               
Father we have broken Your laws.  We have not only                            
continued to do what is wrong but we have given our seal of                    
approval to those actions, as though we can legitimatize the                   
breaking of God's laws by making it legal to do so.  We have                   

1999-02-19                     House Journal                      Page 0246
mistaken the approval of men for the approval of God.  We                      
have been willing to negotiate away every moral law You                        
have given us.  In the process we have become like the man                     
who You said gained the whole world but lost his own soul;                     
or like Esau who sold his birthright for a bowl of soup; or the                
one who took the alluring path of least resistance not knowing                 
it would cost him his very life.                                               
                                                                               
We have been like sheep going astray.  You have laid our                      
guilt on Jesus the one who was wounded for our transgression                   
and bruised for our iniquity.                                                  
                                                                               
Father take each man and woman assembled here into Your                       
hands.  Let them find the counsel that You freely offer to                     
them.  Shape their thoughts as they arrange them and                           
themselves beneath Your authority.  Let them find the                          
approval that comes from only You.  In Jesus' name we ask                      
this.  Amen                                                                    
                                                                               
The Pledge of Allegiance was led by Representative James.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 30th and 31st legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated February 17, 1999, was read stating the Senate has             
accepted the invitation to meet in joint session in the House Chamber          
at 10:30 a.m., February 19 to hear an address by the Honorable Frank           
Murkowski, U.S. Senator.                                                       
                                                                               
A message dated February 18, 1999, was read stating the Senate has             
accepted the invitation to meet in joint session in the House Chamber          
at 11:00 a.m., May 6 to hear an address by the Honorable Ted Stevens,          
U.S. Senator.                                                                  
                                                                               

1999-02-19                     House Journal                      Page 0247
HJR 8                                                                        
A message dated February 17, 1999, was read stating the Senate has             
passed CSHJR 8(MLV) am with the following amendment and it is                  
transmitted for consideration:                                                 
                                                                               
                                                                               
Page 2, line 10, following "system":                                           
	Insert "; and be it                                                           
	FURTHER RESOLVED that the Twenty-First Alaska State                         
Legislature requests that, in the development and operation of a               
national ballistic missile defense system in Alaska, the Department of         
Defense provide adequate protection from any danger posed by the               
system to local residents; and be it                                           
	FURTHER RESOLVED that the Twenty-First Alaska State                         
Legislature strongly encourages the Department of Defense to contract          
with Alaska businesses in the development, construction, and operation         
of a national ballistic missile defense system in Alaska"                      
                                                                               
                                                                               
And so, the following is transmitted for consideration:                        
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am S                                 
Relating to a national ballistic missile defense system.                      
                                                                               
CSHJR 8(MLV) am is under Unfinished Business.                                  
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
Messages dated February 17 and 18, 1999, were read stating the Senate          
has passed the following, and they are transmitted for consideration:          
                                                                               
SCR 2                                                                        
SENATE CONCURRENT RESOLUTION NO. 2 by Senator Taylor:                          
                                                                               
Relating to management of Alaska's wildlife and fish resources.               
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               

1999-02-19                     House Journal                      Page 0248
SCR 5                                                                        
SENATE CONCURRENT RESOLUTION NO. 5 by the Senate Rules                         
Committee:                                                                     
                                                                               
Authorizing a recess by the Senate and the House of                           
Representatives for a period of more than three days.                          
                                                                               
was read the first time and referred to the Rules Committee for                
placement on the calendar.                                                     
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 3                                                                         
CS FOR SENATE BILL NO. 3(RLS) by the Senate Rules Committee,                   
entitled:                                                                      
                                                                               
"An Act relating to the crimes of murder, solicitation to commit              
murder in the first degree, conspiracy to commit murder in the                 
first degree, manslaughter, and criminally negligent homicide;                 
relating to homicides of children; relating to registration as a sex           
offender or child kidnapper; relating to the crime of interference             
with custody of a child or incompetent person; and providing for               
an effective date."                                                            
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
SB 12                                                                        
SENATE BILL NO. 12 by Senators Mackie, Taylor, Lincoln, Leman,                 
Pearce, Green and Elton, entitled:                                             
                                                                               
"An Act classifying anadromous streams and tributaries; relating              
to the designation of riparian areas; establishing buffers on certain          
streams and relating to slope stability standards on certain streams;          
and requiring retention of low value timber along certain water                
bodies where prudent."                                                         
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               

1999-02-19                     House Journal                      Page 0249
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Alaska State Legislature                                                       
Mental Health Parity Task Force                                                
Final Report, February 1999                                                    
Representative Davis and Senator Torgerson, Co-chairs                          
(as required by Legislative Resolve No. 63, SLA 1998)                          
                                                                               
**The presence of Representative Brice was noted.                              
                                                                               
Dept. of Administration                                                        
Division of Risk Management                                                    
  Annual Report, Fiscal Year 1998                                              
  (as required by AS 37.05.287)                                                
                                                                               
  State Insurance Catastrophe Reserve Account                                  
  Letter of review by the State Accountant                                     
  February 12, 1999                                                            
  (as required by AS 37.05.287)                                                
                                                                               
  Independent actuarial assessment of the                                      
  State Insurance Program                                                      
  (as required by AS 37.05.287)                                                
                                                                               
Dept. of Commerce & Economic Development                                       
Alaska Energy Authority                                                        
Financial Statements and Schedule                                              
June 30, 1998 and 1997                                                         
(as required by AS 44.83.940)                                                  
                                                                               
Dept. of Community & Regional Affairs                                          
Division of Municipal and Regional Assistance                                  
Alaska Taxable 1998                                                            
Municipal Taxation - Rates and Policies                                        
Full Value Determination                                                       
Population and G.O. Bonded Debt                                                
Volume XXXVIII, January 1999                                                   
                                                                               
                                                                               

1999-02-19                     House Journal                      Page 0250
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 9                                                                        
The State Affairs Committee has considered:                                    
                                                                               
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.                                       
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  James, Smalley, Coghill, Hudson, Whitaker                        
                                                                               
No recommendation (1):  Kerttula                                               
                                                                               
Amend (1):  Ogan                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, State Affairs Committee, 2/19/99                             
                                                                               
HJR 9 was referred to the Judiciary Committee.                                 
                                                                               
HB 12                                                                        
The Finance Committee has considered:                                          
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 12                                      
"An Act relating to a utility corridor and railroad right-of-way              
between the Alaska Railroad and the Alaska-Canada border."                     
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL                                      
NO.12(FIN)                                                                     
(same title)                                                                  
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         

1999-02-19                     House Journal                      Page 0251
HB 12                                                                        
Do pass (8):  Therriault, Mulder, Kohring, Austerman, Davies,                  
Grussendorf, Davis, Foster                                                     
                                                                               
No recommendation (2):  Bunde, Williams                                        
                                                                               
The following fiscal notes apply to CSSSHB 12(FIN):                            
                                                                               
Zero fiscal note, Dept. of Natural Resources, 2/3/99                           
Zero fiscal note, Dept. of Transportation & Public Facilities, 2/3/99          
                                                                               
SSHB 12 was referred to the Rules Committee for placement on the               
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - West High School Football                                           
By Representatives Rokeberg, Porter; Senator Pearce                            
                                                                               
Honoring - Dimond High School Football                                         
By Representatives Rokeberg, Halcro; Senator Pearce                            
                                                                               
Honoring - Beverly A. Ward                                                     
By Representatives Hudson, Kerttula; Senator Elton                             
                                                                               
Recognizing - Frank Cyra-Korsgaard                                             
By Representative Berkowitz; Senator Leman                                     
                                                                               
Recognizing - Iron Dog Gold Rush Classic Snowmobile Race                       
By Representative Masek                                                        
                                                                               
In Memoriam - David R. Demmert, Sr.                                            
By Representative Williams                                                     
                                                                               
In Memoriam - Kathleen Walker Williams                                         
By Senator Green; Representative Green                                         
                                                                               

1999-02-19                     House Journal                      Page 0252
In Memoriam - Ruby Rokeberg, Alaska Pioneer                                    
By Senator Pearce                                                              
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 97                                                                        
HOUSE BILL NO. 97 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act relating to the management and protection of state land               
legislatively designated for public use under AS 41.23, and state              
land designated by the commissioner of the Department of Natural               
Resources for special management; and providing for an effective               
date."                                                                         
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Natural Resources, 2/19/99                               
                                                                               
                                                                               
The Governor's transmittal letter dated February 18, 1999, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
In the interest of public health and safety, the state of Alaska should        
make every effort to enforce our laws governing conduct on state land          
and water.  Existing statute authorizes certain state employees to             
enforce these laws in state parks and some recreational facilities.            
However, it does not extend that enforcement capability to legislatively       
designated public use areas, other recreation areas, or special use areas.     
This bill I transmit today extends enforcement authority to these other        
highly valued and used lands by authorizing certain employees of the           
Department of Natural Resources to issue citations for violations.             
                                                                               

1999-02-19                     House Journal                      Page 0253
HB 97                                                                        
Perhaps the biggest problem this bill tries to address is the removal of       
abandoned equipment, property, and junk on state land.  Without any            
enforcement authority, the department currently is limited to asking           
violators to remove their junk, usually with no response.  The                 
department would resort to issuing citations when other non-punitive           
attempts to halt the illegal activity have failed.                             
                                                                               
Penalties for conviction of a special area violation would range from          
$1,000 to $5,000 and could include the forfeiture of natural resources         
and profits acquired as a result of the violation.  However, the bill          
authorizes the Alaska Supreme Court to identify offenses that could be         
paid without a court appearance and to set a bail schedule for these           
cases.  It is likely these fines for incidents such as littering,              
unauthorized occupancy, or blocking public access to trails, airstrips,        
and river channels, would mirror fines for these offenses on park lands        
and range from $25 to $200.                                                    
                                                                               
I urge your prompt and favorable action on this measure that will              
enhance the use of our public lands.                                           
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 98                                                                        
HOUSE BILL NO. 98 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act relating to contracts for the provision of state public               
assistance to certain recipients in the state; providing for regional          
public assistance plans and programs in the state; relating to grants          
for Alaska tribal family assistance programs; and providing for an             
effective date."                                                               
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, Health, Education & Social Services and Finance Committees.           
                                                                               
                                                                               

1999-02-19                     House Journal                      Page 0254
HB 98                                                                        
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Health & Social Services, 2/19/99                   
                                                                               
The Governor's transmittal letter dated February 18, 1999, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
The bill I transmit today continues Alaska's efforts to implement              
effective and responsible welfare reform, particularly in rural areas.         
This bill builds on the provision in federal welfare reform law that           
allows regional non-profit Native corporations to develop and                  
implement independent welfare programs promoting local                         
responsibility for program success by tying program assistance to local        
economic and social conditions.  Under this bill, the Department of            
Health and Social Services (DHSS) will be able to award grants to              
regional Native organizations operating tribal family assistance plans         
that differ from the Alaska Temporary Assistance Program plan                  
because they are designed to meet regional circumstances.                      
                                                                               
The federal Personal Responsibility and Work Opportunity                       
Reconciliation Act of 1996 provided that specifically named Alaska             
Native organizations could propose to operate tribal temporary                 
assistance plans, independent of the state plan, to serve the Alaska           
Native and Indian populations within a specific geographical region.           
A state- and federally-approved tribal family assistance plan will             
receive, directly from the federal government, a portion of Alaska's           
allocation of the Temporary Assistance for Needy Families block grant          
money.  The federal money, however, is only about half of the money            
that has historically been appropriated to serve this population.  This        
bill establishes clear statutory standards under which the state would         
provide grants to Alaska Native organizations with federally-approved          
tribal plans that differ from the state's plan.                                
                                                                               
As of October 1, 1998, Tanana Chief's Conference, Inc. (TCC)                   
received approval from the federal government to operate its own tribal        
temporary assistance program for needy families.  The DHSS                     
developed a plan with TCC to serve tribal program recipients.  Under           
current state law, however, the program must be identical to the state's       

1999-02-19                     House Journal                      Page 0255
HB 98                                                                        
temporary assistance program.  As a consequence, the state loses the           
opportunity to shape regional programs to meet regional conditions.            
This bill will make it possible for regional programs to be designed to        
specifically address local circumstances.                                      
                                                                               
Regional tribal plans are expected to be custom designed to meet the           
economic conditions and needs of the region.  This bill also would             
allow the DHSS to adopt a regional plan for non-tribal members if              
such a plan appears more suitable to address regional conditions.              
Therefore, program standards under a regional plan could differ from           
some otherwise generally applicable standards of the state's plan, but         
would always contain specifically identified program elements.                 
                                                                               
This bill will contribute to making our public assistance programs             
more effective by considering regional conditions in plan                      
developments.  I urge your support of this measure.                            
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 99                                                                        
HOUSE BILL NO. 99 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act relating to sexual assault and the definitions of 'sexual             
contact,' 'sexual penetration,' and 'legal guardian' in AS 11."                
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Public Safety, 2/19/99                              
Zero fiscal note, Dept. of Law, 2/19/99                                        
Zero fiscal note, Dept. of Corrections, 2/19/99                                
Zero fiscal note, Dept. of Administration, 2/19/99                             
Zero fiscal note, Dept. of Health & Social Services, 2/19/99                   
                                                                               

1999-02-19                     House Journal                      Page 0256
HB 99                                                                        
The Governor's transmittal letter dated February 18, 1999, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
I am transmitting today a bill making it a crime for a person employed         
in a correctional facility or other placement for prisoners to engage in       
sexual conduct with a prisoner.  The bill also makes it a crime for a          
legal guardian of a person 18 or 19 years of age, who is in the custody        
of the Department of Health and Social Services (DHSS), to engage in           
sexual conduct with that person.                                               
                                                                               
                                                                               
Alaska law currently prohibits persons in specific authoritative               
positions from engaging in sexual conduct with other persons subject           
to that authority.  For example, employees who work in licensed care           
facilities are prohibited from engaging in sexual conduct with clients         
who are mentally incapable, incapacitated, or unaware a sexual act is          
being committed.  The criminalization of this conduct is premised on           
the offender's abuse of authority over others.  Those employed in              
correctional facilities or other placements designated by the                  
commissioner of the Department of Corrections (DOC), and those who             
are a legal guardian of an 18- or 19-year old in the custody of the            
DHSS, have a similar position of authority over persons committed to           
the state's custody, and should not abuse their position by engaging in        
sexual conduct with the persons subject to that authority.                     
                                                                               
                                                                               
The bill provides that it is a class C felony for these persons in             
authority to engage in sexual penetration, and a class A misdemeanor           
to engage in sexual contact with a person subject to that authority.  A        
defendant convicted of either offense would be required to register as         
a sex offender.                                                                
                                                                               
                                                                               
The bill does not address conduct involving juveniles under the age of         
18 who are committed to the legal custody of the DHSS, because that            
conduct is already illegal under Alaska law.                                   
                                                                               
                                                                               

1999-02-19                     House Journal                      Page 0257
HB 99                                                                        
I urge your prompt and favorable consideration of this proposal.               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 100                                                                       
HOUSE BILL NO. 100 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making and amending capital, supplemental, and other                  
appropriations, and appropriations to capitalize funds; ratifying              
certain expenditures; and providing for an effective date."                    
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
The Governor's transmittal letter dated February 17, 1999, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
In recognition of oil revenues being substantially lower than projected        
when the FY99 budget was passed last May, my Administration has                
worked hard to cut the supplemental request as much as possible.               
Although last spring's budget plan included a $16.5 million "place             
holder" for supplementals, the expenditures for fires, flood and               
fisheries disasters alone exceed that amount by more than $3 million.          
                                                                               
                                                                               
Other critical supplementals have been brought down to  $901,700 by            
identifying cuts to offset short-funded areas and by requiring agencies        
to absorb many other unexpected cost increases.  The $6.3 million in           
belt-tightening I announced two weeks ago for hiring, travel and               
purchasing can cover both this $901,700 and $5.3 million needed for            
Corrections to comply with court orders in the Cleary settlement.              
                                                                               
                                                                               

1999-02-19                     House Journal                      Page 0258
HB 100                                                                       
While this supplemental is $5 million more than the place holder in the        
budget plan it represents a concerted effort by state agencies to offset       
the  financial impact of disasters, known short-funding, and                   
unanticipated expenditures for FY99.  Further budget reductions will           
be part of the work still ahead of us on the FY2000 budget.                    
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 101                                                                       
HOUSE BILL NO. 101 by Representative Morgan, entitled:                         
                                                                               
"An Act relating to the reinstatement of corporations that are                
public utilities; and providing for an effective date."                        
                                                                               
was read the first time and referred to the House Special Committee            
on Utility Restructuring and the Labor & Commerce Committee.                   
                                                                               
                                                                               
HB 102                                                                       
HOUSE BILL NO. 102 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act imposing certain requirements relating to cigarette sales             
in this state by tobacco product manufacturers, including                      
requirements for escrow, payment, and reporting of money from                  
cigarette sales in this state; providing penalties for noncompliance           
with those requirements; and providing for an effective date."                 
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Revenue, 2/19/99                                    
Zero fiscal note, Dept. of Law, 2/19/99                                        
                                                                               

1999-02-19                     House Journal                      Page 0259
HB 102                                                                       
The Governor's transmittal letter dated February 19, 1999, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
Cigarette smoking presents serious public health concerns to the state         
and its citizens.  Recently, this Administration, along with virtually         
every other state, reached a monumental master settlement agreement            
with the leading tobacco producers.  That agreement was approved by            
the Alaska Superior Court on February 9, 1999.  Under the terms of             
the settlement, it is anticipated the State of Alaska will receive $670        
million over the next 25 years and will benefit from important                 
restrictions on advertising and other matters to address public health         
concerns.                                                                      
                                                                               
While this is an important step forward in addressing this significant         
health problem, the states that are parties to the agreement wanted to         
be sure the problem was more comprehensively addressed.  This bill             
I transmit today would help do that by placing some requirements on            
tobacco product manufacturers who sell cigarettes in the state but do          
not sign the settlement agreement.                                             
                                                                               
Under this bill, the non-participating tobacco manufacturers will take         
responsibility for their share of the financial burden caused by their         
products by setting up escrow accounts to cover qualified claims for           
health-related concerns.  The availability of the escrow money will            
better ensure a source of compensation for Alaskans while preventing           
those manufacturers from deriving large, short-term profits from sales         
in this state and then becoming judgment-proof before liability may            
arise.  This bill is fair and puts all tobacco product manufacturers on        
an equal footing regarding cigarette sales in Alaska.                          
                                                                               
I urge your prompt and favorable action on this bill, as part of an            
overall solution to address this major public health concern.                  
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               

1999-02-19                     House Journal                      Page 0260
HB 103                                                                       
HOUSE BILL NO. 103 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to civil actions by municipalities and certain               
public corporations and prohibiting certain civil actions by them              
against firearms or ammunition manufacturers and dealers."                     
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Judiciary Committees.                                              
HB 104                                                                       
HOUSE BILL NO. 104 by Representatives Hudson and Austerman,                    
entitled:                                                                      
                                                                               
"An Act revising the procedures and authority of the Alaska                   
Commercial Fisheries Entry Commission, the Board of Fisheries,                 
and the Department of Fish and Game to establish a moratorium                  
on participants or vessels, or both, participating in certain fisheries;       
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               
HB 105                                                                       
HOUSE BILL NO. 105 by Representative Bunde, entitled:                          
                                                                               
"An Act providing for the licensing of speech-language                        
pathologists; and providing for an effective date."                            
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 106                                                                       
HOUSE BILL NO. 106 by Representative Phillips, entitled:                       
                                                                               
"An Act making special appropriations for education from the                  
earnings reserve account."                                                     
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               

1999-02-19                     House Journal                      Page 0261
HB 107                                                                       
HOUSE BILL NO. 107 by Representative Phillips, entitled:                       
                                                                               
"An Act authorizing an advisory vote on whether appropriations                
of income from the permanent fund should be restricted; and                    
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                                                               
The House recessed at 10:25 a.m. to allow members of the Senate to             
enter the House Chamber.                                                       
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 10:29 a.m.                       
                                                                               
                                                                               
                          JOINT SESSION IN THE HOUSE                         
                                                                               
In accordance with the Uniform Rules, Speaker Porter turned the gavel          
over to President Pearce who called the joint session to order at              
10:30a.m.                                                                      
                                                                               
The purpose of the joint session was to hear an address by the                 
Honorable Frank Murkowski, U.S. Senator.                                       
                                                                               
Senator Mackie moved and asked unanimous consent that the roll call            
of the Senate be waived and all members be shown as present.  There            
being no objection, it was so ordered.                                         
                                                                               
Representative Green moved and asked unanimous consent that the roll           
call of the House be waived and all members be shown as present.               
There being no objection, it was so ordered.                                   
                                                                               
President Pearce introduced Nancy Murkowski, the Senator's wife.               
                                                                               
President Pearce appointed Representative Murkowski to escort her              
father, Senator Murkowski to the joint session.                                
                                                                               

1999-02-19                     House Journal                      Page 0262
The House Sergeant-at-arms, Sean Riley, announced the Senator's                
entrance into the House Chamber.                                               
                                                                               
Senator Murkowski was escorted to the rostrum and welcomed by                  
President Pearce.                                                              
                                                                               
Senator Murkowski delivered his address and it appears in House and            
Senate Joint Journal Supplement No. 4.  A question and answer period           
followed the conclusion of the Senator's speech.                               
                                                                               
Senator Murkowski received a standing ovation and was escorted from            
the Chamber by Representative Murkowski.                                       
                                                                               
Senator Mackie moved and asked unanimous consent that the joint                
session adjourn.  There being no objection, President Pearce adjourned         
the joint session at 11:42 a.m.                                                
                                                                               
The Speaker ordered the House at ease to allow members of the Senate           
to leave the Chamber.                                                          
                                                                               
                                 IN THE HOUSE                                
                                                                               
The Speaker called the House back to order at 11:46 a.m.                       
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 2                                                                         
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 2                                                              
"An Act relating to issuance of a motor vehicle registration plate            
to or parking permit for a person who is disabled."                            
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  5DP 2NR                                                  129         
	ZERO FISCAL NOTE (ADM)                                            129         
	STA RPT  7DP                                                      207         
	ZERO FISCAL NOTE (ADM) 2/3/99                                     208         

1999-02-19                     House Journal                      Page 0263
HB 2                                                                         
Representative Green moved and asked unanimous consent that HB 2               
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               
HB 2 was read the third time.                                                  
                                                                               
The question being:  "Shall HB 2 pass the House?"  The roll was taken          
with the following result:                                                     
                                                                               
HB 2                                                                           
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  22   NAYS:  0   EXCUSED:  7   ABSENT:  11                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Coghill, Cowdery, Davies,           
Davis, Foster, Green, Harris, Hudson, James, Kapsner, Kerttula,                
Kohring, Murkowski, Porter, Rokeberg, Smalley, Whitaker, Williams              
                                                                               
Excused:  Barnes, Dyson, Kookesh, Kott, Morgan, Mulder, Phillips               
                                                                               
Absent:  Cissna, Croft, Grussendorf, Halcro, Joule, Kemplen, Masek,            
Moses, Ogan, Sanders, Therriault                                               
                                                                               
And so, HB 2 passed the House and was referred to the Chief Clerk              
for engrossment.                                                               
                                                                               
HB 10                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 10                                                             
"An Act extending the termination date of the Board of Certified              
Direct-Entry Midwives; and providing for an effective date."                   
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  6DP                                                      180         
	FISCAL NOTE (DCED)                                                180         
	FIN RPT  8DP                                                      208         
	FISCAL NOTE (DCED) 2/10/99                                        208         
                                                                               

1999-02-19                     House Journal                      Page 0264
HB 10                                                                        
Representative Green moved and asked unanimous consent that HB 10              
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               
HB 10 was read the third time.                                                 
                                                                               
                                                                               
The question being:  "Shall HB 10 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HB 10                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  0   EXCUSED:  7   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery,           
Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris,              
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Masek, Murkowski,            
Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams                      
                                                                               
Excused:  Barnes, Dyson, Kookesh, Kott, Morgan, Mulder, Phillips               
                                                                               
Absent:  Kemplen, Moses, Ogan, Sanders                                         
                                                                               
And so, HB 10 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.           
                                                                               
HB 10 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:                   
                                                                               
                                                                               

1999-02-19                     House Journal                      Page 0265
Celebrating - 1999 National Engineers' Week                                    
By Senator Leman; Representatives Porter, Austerman, Berkowitz,                
Brice, Bunde, Cissna, Croft, Davies, Davis, Foster, Green, Grussendorf,        
Harris, Hudson, James, Joule, Kemplen, Kohring, Kott, Masek,                   
Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley,               
Therriault, Williams                                                           
                                                                               
In Memoriam - Allen Alexander Lowrance                                         
By Representatives Grussendorf, Porter, Austerman, Berkowitz, Brice,           
Cissna, Croft, Davies, Davis, Foster, Harris, Hudson, James, Joule,            
Kemplen, Kott, Masek, Morgan, Mulder, Phillips,  Rokeberg, Sanders,            
Smalley, Therriault, Williams                                                  
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 13                                                                        
The Speaker added a Finance Committee referral for the following,              
which had been returned to the Rules Committee with pending                    
amendments (page 170):                                                         
                                                                               
CS FOR HOUSE BILL NO. 13(L&C) am                                              
"An Act relating to the characterization of, use of, segregation of,          
deposit of, interest on, and disbursement of escrow money; relating            
to the recording, filing, and delivery of escrow documents; relating           
to civil penalties for violations of certain escrow provisions by              
escrow settlement agents; relating to the supervision by the                   
Department of Commerce and Economic Development of escrow                      
settlement agents; authorizing the adoption of regulations to                  
implement certain escrow provisions; and providing for an                      
effective date."                                                               
                                                                               
CSHB 13(L&C) am was removed from the Rules Committee and                       
referred to the Finance Committee.                                             
                                                                               
HB 73                                                                        
The Speaker waived the State Affairs Committee referral for the                
following at the request of Representative James, Chair:                       
                                                                               
HOUSE BILL NO. 73                                                             
"An Act relating to commercial vehicle registration fees and taxes;           
and providing for an effective date."                                          

1999-02-19                     House Journal                      Page 0266
HB 73                                                                        
HB 73 was removed from the State Affairs Committee and referred to             
the Finance Committee.                                                         
                                                                               
HB 77                                                                        
The Speaker waived the State Affairs Committee referral for the                
following at the request of Representative James, Chair:                       
                                                                               
HOUSE BILL NO. 77                                                             
"An Act relating to the Joint Armed Services Committee, a                     
permanent interim committee of the Alaska State Legislature; and               
providing for an effective date."                                              
                                                                               
HB 77 was removed from the State Affairs Committee and referred to             
the Finance Committee.                                                         
                                                                               
                                                                               
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HJR 8                                                                        
Representative Green moved and asked unanimous consent that the                
House consider the Senate message (page 247) on the following at this          
time:                                                                          
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am                                   
Relating to a national ballistic missile defense system.                      
                                                                               
                                                                               
and                                                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am S                                 
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved that the House concur in the Senate                 
amendment to CSHJR 8(MLV) am, thus adopting CSHJR 8(MLV)                       
amS, and recommended that the members vote yes.                                
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHJR 8(MLV) am?"  The roll was taken with the following result:            

1999-02-19                     House Journal                      Page 0267
HJR 8                                                                        
                                                                               
CSHJR 8(MLV) am S                                                              
Concur                                                                         
                                                                               
YEAS:  27   NAYS:  2   EXCUSED:  8   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery,           
Croft, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson,              
James, Joule, Kapsner, Kohring, Masek, Murkowski, Porter, Rokeberg,            
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Nays:  Davies, Kerttula                                                        
                                                                               
Excused:  Barnes, Dyson, Kookesh, Kott, Morgan, Mulder, Phillips,              
Sanders                                                                        
                                                                               
Absent:  Kemplen, Moses, Ogan                                                  
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
CSHJR 8(MLV) am S.                                                             
                                                                               
**The voting record for Representative Sanders on CSHJR 8(MLV)                 
am S was corrected to reflect that he was later excused from a call of         
the House beginning at 12 noon today (page 267).                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
CSHJR 8(MLV) am S was referred to the Chief Clerk for enrollment.              
                                                                               
                                                                               
                             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 Sanders - from 12:00 noon, today to 9:30 a.m., plane            
time, February 22, 1999                                                        
                                                                               
Representative Williams - from 2:40 p.m., today to 9:15 p.m., plane            
time, February 21, 1999                                                        
                                                                               

1999-02-19                     House Journal                      Page 0268
Representative Halcro - from 6:00 p.m., today to 9:32 p.m., plane time,        
February 21, 1999                                                              
                                                                               
Representative Bunde - from 7:15 a.m., February 26 to 9:20 p.m.,               
plane time, February 28, 1999                                                  
                                                                               
Representative Cowdery - from 7:10 p.m., February 25 to 2:00 p.m.,             
plane time, March 2, 1999                                                      
                                                                               
Representative Therriault - from 1:23 p.m., February 26 to 9:20 p.m.,          
plane time, March 1, 1999                                                      
                                                                               
Representative Masek - from 1:23 p.m., March 5 to 9:33 a.m., plane             
time, March 8, 1999                                                            
                                                                               
Representative Coghill - from 6:00 a.m., March 7 to 9:30 p.m., plane           
time, March 9, 1999 (amended from page 120)                                    
                                                                               
                                                                               
HJR 8                                                                        
Representative Cowdery added his name as cosponsor to:                         
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am S                                 
Relating to a national ballistic missile defense system.                      
                                                                               
HJR 9                                                                        
Representative Whitaker 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.                                       
                                                                               
HB 2                                                                         
Representative Brice added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 2                                                              
"An Act relating to issuance of a motor vehicle registration plate            
to or parking permit for a person who is disabled."                            
                                                                               
                                                                               

1999-02-19                     House Journal                      Page 0269
HB 60                                                                        
Representative Morgan removed his name as cosponsor to:                        
                                                                               
HOUSE BILL NO. 60                                                             
"An Act relating to use of traditional means of access to assist in           
taking game or fish and to traditional means of access for                     
traditional outdoor activities on land and water set aside for fish            
and game purposes."                                                            
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 2                                                                         
HB 2 was engrossed, signed by the Speaker and Chief Clerk and                  
transmitted to the Senate for consideration.                                   
                                                                               
HB 10                                                                        
HB 10 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.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., February 22, 1999.  There being no             
objection, the House adjourned at 12:04 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk