Legislature(1999 - 2000)

1999-02-26 House Journal

Full Journal pdf

1999-02-26                     House Journal                      Page 0315
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Friday          February 26, 1999         
                                                                               
                               Thirty-ninth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:34 a.m.                                                           
                                                                               
                                                                               
Roll call showed 29 members present.  Representatives Coghill,                 
Cowdery, Kapsner, Kott, Moses, Ogan and Whitaker had been previously           
excused from a call of the House today.  Representatives Berkowitz,            
Croft and Joule were absent and their presence was noted later.                
Representative Williams was absent.                                            
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Ellen Younker of          
the Aldersgate United Methodist Church.  Representative Hudson moved           
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
	Let us pray,                                                                  
                                                                               
O Splendid God,                                                               
We, who huddle on the edge of this tree-clustered world,                      
Kissed by the breath of the tidal moon,                                       
Baked in the warmth of the glowing sun,                                       
                                                                               
We, who wander in doubt and in hope,                                          
Seek Your hovering guidance,                                                  
                                                                               
	That all our motives may be pure,                                             
	Our thoughts expanding,                                                       
	Our deliberations patient,                                                    
	Our resources abundant,                                                       

1999-02-26                     House Journal                      Page 0316
	Our memories fruitful,                                                        
	Our friendships enhancing,                                                    
	Our families safe,                                                            
	Our counsel wise,                                                             
                                                                               
	So that, in all we do and say,                                                
	We might honor You with                                                       
	Sensitivity to purpose and                                                    
	Service to others.                                                            
                                                                               
	Amen                                                                          
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Halcro.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 37th and 38th legislative days be approved as certified by     
the Chief Clerk.  There being no objection, it was so ordered.                 
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
SCR 5                                                                        
A message dated February 25, 1999, was read stating the Senate has             
concurred in the House amendment to:                                           
                                                                               
SENATE CONCURRENT RESOLUTION NO. 5                                            
Authorizing a recess by the Senate and the House of Representatives           
for a period of more than three days.                                          
                                                                               
thus adopting:                                                                 
                                                                               
SENATE CONCURRENT RESOLUTION NO. 5 am H                                       
Authorizing two recesses by the Senate and the House of                       
Representatives for periods of more than three days.                           
                                                                               
**The presence of Representative Croft was noted.                              
                                                                               

1999-02-26                     House Journal                      Page 0317
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Office of the Governor                                                         
Alaska Human Resource Investment Council                                       
  Employment and Earnings of Participants in                                   
  Selected Alaska Training Programs - FY 1997                                  
  January 29, 1999                                                             
  (as required by AS 44.19.620)                                                
                                                                               
  Annual Report 1998                                                           
  (as required by AS 44.19.620)                                                
                                                                               
Dept. of Natural Resources                                                     
Board of Forestry                                                              
1998 Annual Report on the                                                      
Forest Resources and Practices Act                                             
(as required by AS 41.17.047)                                                  
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The State Affairs Committee has reviewed the qualifications of the             
following and recommends the appointment be forwarded to a joint               
session for consideration:                                                     
                                                                               
                                   Robert Poe                                  
                                                                               
as Commissioner of the Department of Administration.                           
                                                                               
                                                                               
The report was signed by Representative James, Chair; and,                     
Representatives Ogan, Hudson, Whitaker, Smalley and Kerttula.                  
                                                                               
                                                                               
The report did not reflect an intent by any of the members to vote for or      
against the named individual during any further sessions for the purposes      
of confirmation.                                                               
                                                                               
                                                                               

1999-02-26                     House Journal                      Page 0318
HJR 7                                                                        
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 7                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to initiative and referendum petitions.                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 7(STA)                                      
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Whitaker, Hudson                                          
                                                                               
Do not pass (2):  Smalley, Kerttula                                            
                                                                               
Amend (1):  Ogan                                                               
                                                                               
The following fiscal note applies to CSHJR 7(STA):                             
                                                                               
Fiscal note, Office of the Governor, 2/26/99                                   
                                                                               
HJR 7 was referred to the Judiciary Committee.                                 
                                                                               
**The presence of Representatives Berkowitz and Joule was noted.               
                                                                               
HJR 11                                                                       
The Resources Committee has considered:                                        
                                                                               
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.                              
                                                                               
The report was signed by Representative Ogan, Co-chair, with the               
following individual recommendations:                                          
                                                                               
Do pass (6):  Ogan, Sanders, Joule, Masek, Barnes, Harris                      

1999-02-26                     House Journal                      Page 0319
HJR 11                                                                       
No recommendation (1):  Kapsner                                                
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Special Committee on Oil & Gas, 2/17/99                
                                                                               
HJR 11 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 45                                                                        
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 45                                                             
"An Act relating to initiative and referendum petitions; and                  
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 45(STA)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Whitaker, Hudson                                          
                                                                               
Do not pass (2):  Smalley, Kerttula                                            
                                                                               
Amend (1):  Ogan                                                               
                                                                               
The following fiscal note applies to CSHB 45(STA):                             
                                                                               
Fiscal note, Office of the Governor, 2/26/99                                   
                                                                               
HB 45 was referred to the Finance Committee.                                   
                                                                               
HB 66                                                                        
The Judiciary Committee has considered:                                        
                                                                               

1999-02-26                     House Journal                      Page 0320
HB 66                                                                        
HOUSE BILL NO. 66                                                             
"An Act making corrective amendments to the Alaska Statutes as                
recommended by the revisor of statutes; and providing for an                   
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 66(JUD)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Kott, Chair, with the following        
individual recommendations:                                                    
                                                                               
Do pass (5):  Croft, Murkowski, Green, Kerttula, Kott                          
                                                                               
No recommendation (1):  Rokeberg                                               
                                                                               
The following fiscal note applies to CSHB 66(JUD):                             
                                                                               
Zero fiscal note, Dept. of Health & Social Services, 2/26/99                   
                                                                               
HB 66 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
HB 68                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 68                                                             
"An Act extending the termination date of the Board of Pharmacy to            
June 30, 2005; and providing for an effective date."                           
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (7):  Rokeberg, Murkowski, Harris, Cissna, Brice, Sanders,             
Halcro                                                                         
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 2/26/99                 

1999-02-26                     House Journal                      Page 0321
HB 68                                                                        
HB 68 was referred to the Finance Committee.                                   
                                                                               
HB 76                                                                        
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 76                                                             
"An Act relating to an exemption from and deferral of payment on              
municipal taxes on deteriorated property; and providing for an                 
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 76(CRA)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Harris, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (4):  Halcro, Harris, Murkowski, Dyson                                 
                                                                               
No recommendation (2):  Joule, Kookesh                                         
                                                                               
The following fiscal note applies to CSHB 76(CRA):                             
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 2/26/99               
                                                                               
HB 76 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
HB 80                                                                        
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 80                                                             
"An Act relating to a state employment preference for certain                 
members of the Alaska National Guard."                                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 80(STA)                                                 
(same title)                                                                  

1999-02-26                     House Journal                      Page 0322
HB 80                                                                        
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  James, Smalley, Kerttula, Hudson, Whitaker, Ogan                 
                                                                               
The following fiscal note applies to CSHB 80(STA):                             
                                                                               
Zero fiscal note, Dept. of Administration, 2/17/99                             
                                                                               
HB 80 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
SB 12                                                                        
The Resources Committee has considered:                                        
                                                                               
SENATE BILL NO. 12                                                            
"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."                                                         
                                                                               
The report was signed by Representatives Sanders and Ogan, Co-chairs,          
with the following individual recommendations:                                 
                                                                               
Do pass (7):  Sanders, Kapsner, Joule, Ogan, Masek, Barnes, Harris             
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Natural Resources, 2/2/99                    
                                                                               
SB 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:                                       
                                                                               

1999-02-26                     House Journal                      Page 0323
Honoring - Joseph P. Donahue                                                   
By Representatives Bunde, Davis                                                
                                                                               
Honoring - Roy Bailey                                                          
By Representative Grussendorf                                                  
                                                                               
Honoring - The Inupiat of the North Slope                                      
By Representative Joule; Senator Adams                                         
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 19                                                                       
HOUSE JOINT RESOLUTION NO. 19 by Representative Coghill:                       
                                                                               
Proposing an amendment to the Constitution of the State of Alaska             
requiring legislative confirmation of the appointed members of the             
judicial council.                                                              
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HJR 20                                                                       
HOUSE JOINT RESOLUTION NO. 20 by Representatives Phillips,                     
Green and Grussendorf:                                                         
                                                                               
Urging the Congress to amend the Internal Revenue Code of 1986                
to eliminate the marriage penalty by providing that income tax rate            
bracket amounts, and the amount of the standard deduction, for joint           
returns shall be twice the amounts applicable to unmarried                     
individuals.                                                                   
                                                                               
was read the first time and referred to the House Special Committee on         
Economic Development & Tourism and the Finance Committee.                      
                                                                               
HJR 21                                                                       
HOUSE JOINT RESOLUTION NO. 21 by Representative Mulder:                        
                                                                               
Relating to new evaluation and selection criteria for military base           
realignment and closure actions.                                               
                                                                               

1999-02-26                     House Journal                      Page 0324
HJR 21                                                                       
was read the first time and referred to the House Special Committee on         
Military & Veterans' Affairs and the State Affairs Committee.                  
                                                                               
HJR 22                                                                       
HOUSE JOINT RESOLUTION NO. 22 by Representatives Masek and                     
Foster:                                                                        
                                                                               
Relating to the membership of the Pacific Salmon Commission.                  
                                                                               
was read the first time and referred to the House Special Committee on         
Fisheries and the Resources Committee.                                         
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                 OF HOUSE BILLS                                
                                                                               
HB 116                                                                        
HOUSE BILL NO. 116 by Representative James, entitled:                          
                                                                               
"An Act relating to the Board of Agriculture and Conservation, to             
the agricultural revolving loan fund, to the disposal of state                 
agricultural land, and to the Alaska Natural Resource Conservation             
and Development Board; and providing for an effective date."                   
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
HB 117                                                                       
HOUSE BILL NO. 117 by Representative Bunde, entitled:                          
                                                                               
"An Act relating to grant procedures of the Alaska Science and                
Technology Foundation."                                                        
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 118                                                                       
HOUSE BILL NO. 118 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to payment for remedial classes at the University of         
Alaska."                                                                       

1999-02-26                     House Journal                      Page 0325
HB 118                                                                       
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 119                                                                       
HOUSE BILL NO. 119 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to the right to attend public school and to students         
who are over school age."                                                      
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 120                                                                       
HOUSE BILL NO. 120 by Representatives Mulder, Phillips, Murkowski,             
Foster, Masek and Grussendorf, entitled:                                       
                                                                               
"An Act providing education funding for the Alaska National Guard             
Challenge Youth Corps program and relating to limited teacher                  
certificates to allow persons to teach in the program; and providing           
for an effective date."                                                        
                                                                               
was read the first time and referred to the House Special Committee on         
Military & Veterans' Affairs, the Health, Education & Social Services          
and Finance Committees.                                                        
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 35                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 35(L&C)                                                
"An Act extending the termination date of the Board of Marine                 
Pilots."                                                                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  9DP                                                      297         
	SENATE FISCAL NOTE (DCED) 2/5/99                                  298         

1999-02-26                     House Journal                      Page 0326
SB 35                                                                        
Representative Green moved and asked unanimous consent that CSSB
35(L&C) be considered engrossed, advanced to third reading and placed          
on final passage.  There being no objection, it was so ordered.                
                                                                               
CSSB 35(L&C) was read the third time.                                          
                                                                               
The question being:  "Shall CSSB 35(L&C) pass the House?"  The roll            
was taken with the following result:                                           
                                                                               
CSSB 35(L&C)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  7   ABSENT:  1                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft,              
Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris,              
Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Masek,              
Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders,                
Smalley, Therriault                                                            
                                                                               
Excused:  Coghill, Cowdery, Kapsner, Kott, Moses, Ogan, Whitaker               
                                                                               
Absent:  Williams                                                              
                                                                               
And so, CSSB 35(L&C) passed the House, was signed by the Speaker               
and Chief Clerk and returned to the Senate.                                    
                                                                               
                                                                               
                            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:                   
                                                                               
Commemorating - Gold Belt, Incorporated, 25th Anniversary                      
By Representatives Hudson, Kerttula, Porter, Austerman, Berkowitz,             
Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green,             
Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kott,             
Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders,                 
Smalley, Therriault, Williams; Senator Elton                                   

1999-02-26                     House Journal                      Page 0327
Honoring - Specialist Jace Studdard, United States Army Alaska's Soldier       
of the Year and Fort Wainwright Soldier of the Year                            
By Representatives Coghill, Porter, Austerman, Barnes, Berkowitz,              
Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green,             
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan,               
Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams                     
                                                                               
                                                                               
                             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 noon, March 10 to 9:30 a.m., plane time,        
March 15, 1999                                                                 
                                                                               
Representative Dyson - from 1:23 p.m., April 16 to 9:33 a.m., plane time,      
April 19, 1999                                                                 
                                                                               
Representative Dyson - from 7:21 p.m., March 19  to 9:33 a.m., plane           
time, March 22, 1999                                                           
                                                                               
Representative Dyson - from 4:45 p.m., March 7 to 8:00 p.m., plane time,       
March 9, 1999                                                                  
                                                                               
Representative Foster - from noon, March 31 to 10:00 a.m., plane time,         
April 7, 1999                                                                  
                                                                               
Representative Green - from 4:45 p.m., March 7 to 8:00 p.m., plane time,       
March 9, 1999                                                                  
                                                                               
Representative Kemplen - from 1:23 p.m., March 26 to 9:33 p.m., plane          
time, March 28, 1999                                                           
                                                                               
Representative Kemplen - from 1:23 p.m., March 12 to 9:33 a.m., plane          
time, March 15, 1999                                                           
                                                                               
Representative Kemplen - from 1:23 p.m., April 2 to 9:33 a.m., plane           
time, April 6, 1999                                                            
                                                                               

1999-02-26                     House Journal                      Page 0328
Representative Berkowitz - from 7:21 p.m., today to 9:20 p.m., plane           
time, March 1, 1999                                                            
                                                                               
Representative Smalley - from 5:00 a.m., March 8 to 8:30 p.m., plane           
time, March 8, 1999                                                            
                                                                               
Representative Davies - from 7:21 p.m., today to 9:33 a.m., plane time,        
March 3, 1999                                                                  
                                                                               
Representative Cissna - from 4:45 p.m., March 7 to 8:00 p.m., plane            
time, March 9, 1999                                                            
                                                                               
Representative Phillips - from 1:23 p.m., March 12 to 9:30 p.m., plane         
time, March 15, 1999                                                           
                                                                               
                                                                               
HJR 18                                                                       
Representative Foster added his name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO. 18                                                 
Proposing an amendment to the Constitution of the State of Alaska             
relating to an office of administrative hearings.                              
                                                                               
HB 38                                                                        
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 38                                                             
"An Act relating to invasion of privacy of another."                          
                                                                               
HB 108                                                                       
Representatives Phillips and Kerttula added their names as cosponsors to:      
                                                                               
HOUSE BILL NO. 108                                                            
"An Act relating to the use, operation, and regulation of boats;              
establishing a uniform state waterway marking system; and                      
providing for an effective date."                                              
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Minority Caucus              Governor's Conf. Room     3:00 p.m., 2/26         

1999-02-26                     House Journal                      Page 0329
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., March 3, 1999.  There being no                 
objection, the House adjourned at 11:07 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk