Legislature(1999 - 2000)
1999-03-11 House Journal
Full Journal pdf1999-03-11 House Journal Page 0421 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday March 11, 1999 Fifty-second Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:06 a.m. Roll call showed 30 members present. Representatives Croft, Davies, Harris, Joule, Kapsner, Kemplen, Murkowski and Ogan had been previously excused from a call of the House today. Representative Phillips was absent and her presence was noted later. Representative Green moved and asked unanimous consent that Representative Brice be excused from a call of the House from 6:45a.m. to 7:10 p.m., plane time, today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Cary Henrichsen of the Auke Bay Bible Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O Lord, our Lord, how majestic is Your name in all the earth." May we recognize the truth of these words from the first verse of the 8th Psalm as we go on our way today. May we observe Your creation with awe, treat it with respect, and see in it representations of Your awesome creative abilities. May we then be thankful for the abundance with which You have supplied us, acknowledge that all good things come from You, and use those things wisely to bring glory to Your name. We ask this in Jesus' name, Amen. The Pledge of Allegiance was led by Representative Smalley. 1999-03-11 House Journal Page 0422 CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 51st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Joseph N. Faulhaber as a member of the Board of Governors of the Alaska Bar, Dianne I. Brown as a member of the Commission on Judicial Conduct; and, Colleen M. Murphy, M.D. Stephen B. Wallace Leslie D. Wheeler as members of the Violent Crimes Compensation Board. The reports were signed by Representative Kott, Chair; and, Representatives Rokeberg, Murkowski, Kerttula, Green, James and Croft. The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. HB 3 The Judiciary Committee has considered: HOUSE BILL NO. 3 "An Act relating to controlled substances and to the possession and distribution of certain chemicals." 1999-03-11 House Journal Page 0423 HB 3 and recommends it be replaced with: CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to controlled substances and to the possession of certain chemicals." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Croft, Murkowski, Green, Kott, James No recommendation (2): Rokeberg, Kerttula The following fiscal note applies to CSHB 3(JUD): Zero fiscal note, House Judiciary Committee, 3/11/99 HB 3 was referred to the Finance Committee. HB 13 The Finance Committee has considered the following, which had been on the calendar (page 164) and was returned to the Rules Committee and later referred to the Finance Committee (page 265): 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 13(FIN) "An Act relating to the characterization of, use of, segregation of, deposit of, interest on, and disbursement of escrow money; relating 1999-03-11 House Journal Page 0424 HB 13 to the recording, filing, and delivery of escrow documents; authorizing civil actions for violations of certain escrow requirements; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (6): Therriault, Bunde, Foster, Kohring, Austerman, Williams No recommendation (5): Mulder, Davies, Grussendorf, Moses, Davis The following fiscal note applies to CSHB 13(FIN): Zero fiscal note, House Finance Committee/Dept. of Commerce & Economic Development, 3/11/99 CSHB 13(L&C) am was returned to the Rules Committee for placement on the calendar. HB 83 The Judiciary Committee has considered: HOUSE BILL NO. 83 "An Act relating to the licensing of, acts and practices of, notice filings required of, duties of, registration of, capitalization of, financial requirements for, bonding of, coordinated securities examinations of, recordkeeping by, and documents filed by certain securities occupations; relating to public entity investment pools; relating to investment advisory contracts; relating to the examination of records of certain securities occupations; relating to federal covered securities; relating to the registration of securities; relating to the general exemptions for securities and transactions; relating to offers of securities on the Internet; relating to the confidentiality of investigative files under the Alaska Securities Act; relating to the payment by certain securities occupations of expenses and fees of investigations and examinations; relating to petitions to superior court by the administrator to reduce civil penalties to judgment; exempting certain violations of the Alaska Securities Act from criminal penalties; relating to time limitations in bringing court actions for 1999-03-11 House Journal Page 0425 HB 83 violations of the Alaska Securities Act; relating to the affirmative defense of timeliness in court actions relating to securities; prohibiting certain lawsuits involving buyers of securities; relating to time limitations for bringing court actions involving the receipt of a written offer related to securities; relating to offers to repay buyers of securities; relating to notification of certain securities occupations regarding administrative hearings; relating to fees established by the administrator; relating to a sale, a purchase, or an offer to sell or purchase under the Alaska Securities Act; relating to the locations of offers to buy or sell; relating to consent to service; amending the Alaska Securities Act definitions of 'agent,' 'broker-dealer,' 'person,' 'Securities Act of 1933,' and 'security;' defining for purposes of the Alaska Securities Act 'advisory client,' 'advisory fee,' 'advisory services,' 'Bank Holding Company Act of 1956,' 'clients who are natural persons,' 'federal covered adviser,' 'federal covered security,' 'Federal Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment adviser representative,' 'Investment Advisers Act of 1940,' 'investment advisory business,' 'investment advisory contract,' 'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities Markets Improvement Act of 1996,' 'notice filing,' 'place of business,' 'principal place of business,' 'Securities Exchange Act of 1934,' 'securities business,' 'state investment adviser,' 'substantial portion of the business,' 'supervised person,' and 'viatical settlement'; relating to the title of the Alaska Securities Act; relating to the definitions in the Alaska Securities Act of 'assignment' and 'investment adviser'; relating to implementation of the changes to the Alaska Securities Act; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 83(JUD) "An Act relating to the licensing of and revocation of licenses of, acts and practices of, notice filings required of, duties of, registration of, capitalization of, financial requirements for, bonding of, coordinated securities examinations of, recordkeeping by, and documents filed by certain securities occupations; relating to public entity investment pools; relating to investment advisory contracts; relating to the examination of records of certain securities occupations; relating to federal covered securities; 1999-03-11 House Journal Page 0426 HB 83 relating to the registration of securities; relating to the general exemptions for securities and transactions; relating to offers of securities on the Internet; relating to the confidentiality of investigative files under the Alaska Securities Act; relating to the payment by certain securities occupations of expenses and fees of investigations and examinations; relating to petitions to superior court by the administrator to reduce civil penalties to judgment; exempting certain violations of the Alaska Securities Act from criminal penalties; relating to time limitations in bringing court actions for violations of the Alaska Securities Act; relating to the affirmative defense of timeliness in court actions relating to securities; prohibiting certain lawsuits involving buyers of securities; relating to time limitations for bringing court actions involving the receipt of a written offer related to securities; relating to offers to repay buyers of securities; relating to notification of certain securities occupations regarding administrative hearings; relating to fees established by the administrator; relating to a sale, a purchase, or an offer to sell or purchase under the Alaska Securities Act; relating to the locations of offers to buy or sell; relating to consent to service; amending the Alaska Securities Act definitions of 'agent,' 'broker-dealer,' 'person,' 'Securities Act of 1933,' and 'security;' defining for purposes of the Alaska Securities Act 'advisory client,' 'advisory fee,' 'advisory services,' 'Bank Holding Company Act of 1956,' 'clients who are natural persons,' 'federal covered adviser,' 'federal covered security,' 'Federal Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment adviser representative,' 'Investment Advisers Act of 1940,' 'investment advisory business,' 'investment advisory contract,' 'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities Markets Improvement Act of 1996,' 'notice filing,' 'place of business,' 'principal place of business,' 'Securities Exchange Act of 1934,' 'securities business,' 'state investment adviser,' 'substantial portion of the business,' and 'supervised person'; relating to the title of the Alaska Securities Act; relating to the definitions in the Alaska Securities Act of 'assignment' and 'investment adviser'; relating to implementation of the changes to the Alaska Securities Act; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: 1999-03-11 House Journal Page 0427 HB 83 Do pass (7): Croft, Murkowski, Green, Kott, James, Rokeberg, Kerttula The following fiscal note applies to CSHB 83(JUD): Zero fiscal note, Dept. of Commerce & Economic Development, 2/24/99 HB 83 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 - The Armed Services YMCA's Outstanding Military Representatives, "The Salute to the Military" By Representative Mulder Honoring - Pat Soderberg By Senator Taylor In Memoriam - Horace "Slim" Blood By Representative Harris; Senator Lincoln In Memoriam - Archie Kooneak Brower By Representative Joule; Senator Adams INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 3 HOUSE CONCURRENT RESOLUTION NO. 3 by the House Transportation Committee: Relating to use of passenger facility charges at the Anchorage International Airport. was read the first time and referred to the Transportation and Finance Committees. 1999-03-11 House Journal Page 0428 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 132 HOUSE BILL NO. 132 by Representative Cowdery by request, entitled: "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 133 HOUSE BILL NO. 133 by Representative Bunde, entitled: "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 100 The following, which was advanced to third reading from the March10, 1999 calendar (page 414), was read the third time: CS FOR HOUSE BILL NO. 100(FIN) "An Act making and amending capital, supplemental, and other appropriations; making and amending appropriations to capitalize funds; ratifying certain expenditures; making and amending appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 1999-03-11 House Journal Page 0429 HB 100 Representative Green moved and asked unanimous consent that CSHB 100(FIN) be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, it was so ordered. Amendment No. 5 by Representative Croft was offered by Representative Cissna: Page 14, lines 3 - 4: Delete all material. Renumber the following bill sections accordingly. Representative Cissna moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Mulder objected. **The presence of Representative Phillips was noted. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 100(FIN) Second Reading Amendment No. 5 YEAS: 7 NAYS: 24 EXCUSED: 9 ABSENT: 0 Yeas: Berkowitz, Cissna, Grussendorf, Kerttula, Kookesh, Moses, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Brice, Croft, Davies, Harris, Joule, Kapsner, Kemplen, Murkowski, Ogan And so, Amendment No. 5 was not adopted. 1999-03-11 House Journal Page 0430 HB 100 The question being: "Shall CSHB 100(FIN) pass the House?" The roll was taken with the following result: CSHB 100(FIN) Third Reading Final Passage YEAS: 24 NAYS: 7 EXCUSED: 9 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Cissna, Grussendorf, Kerttula, Kookesh, Moses, Smalley Excused: Brice, Croft, Davies, Harris, Joule, Kapsner, Kemplen, Murkowski, Ogan And so, CSHB 100(FIN) passed the House. Representative Green moved and asked unanimous consent that the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted. Representative Berkowitz objected. The question being: "Shall the House adopt the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska)?" The roll was taken with the following result: CSHB 100(FIN) Constitutional Budget Reserve Appropriations YEAS: 24 NAYS: 7 EXCUSED: 9 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams 1999-03-11 House Journal Page 0431 HB 100 Nays: Berkowitz, Cissna, Grussendorf, Kerttula, Kookesh, Moses, Smalley Excused: Brice, Croft, Davies, Harris, Joule, Kapsner, Kemplen, Murkowski, Ogan And so, lacking the necessary 30 votes, the constitutional budget reserve fund appropriations were not adopted. Representative Green moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 100(FIN)(brf sup maj fld) Effective Date YEAS: 24 NAYS: 7 EXCUSED: 9 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Cissna, Grussendorf, Kerttula, Kookesh, Moses, Smalley Excused: Brice, Croft, Davies, Harris, Joule, Kapsner, Kemplen, Murkowski, Ogan And so, lacking the necessary 27 votes, the effective date clause was not adopted. Representative Berkowitz gave notice of reconsideration of his vote on CSHB 100(FIN)(brf sup maj fld)(efd fld). 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: 1999-03-11 House Journal Page 0432 Honoring - The Alaska Eskimo Whaling Commission By Representatives Joule, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Adams Honoring - Partners in Prevention, A Decade of Progress in Prince William Sound By Representatives Harris, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senators Pearce, Lincoln Honoring - Ann Symons By Representatives Kerttula, Hudson, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kott, Morgan, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Elton Honoring - Irene Nicholia By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Will Mayo By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Randall Gordon Radigan By Representatives Harris, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Lincoln 1999-03-11 House Journal Page 0433 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 Porter - from 7:10 a.m., March 16 to 9:20 p.m., March16, 1999 Representative Williams - from 2:20 p.m., March 12 to 9:15 p.m., plane time, March 14, 1999 Representative Kohring - from 7:15 a.m., March 19 to 9:20 p.m., plane time, March 22, 1999 Representative Foster - from 6:45 a.m., April 15 to 9:20 p.m., plane time, April 18, 1999 Representative Masek - from 1:23 p.m., March 19 to 9:33 a.m., plane time, March 22, 1999 Representative Brice - from 7:21 p.m., March 12 to 9:33 a.m., plane time, March 15, 1999 (amended from page 376) ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 12, 1999. There being no objection, the House adjourned at 11:02 a.m. Suzi Lowell Chief Clerk