Legislature(1999 - 2000)

1999-03-12 House Journal

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1999-03-12                     House Journal                      Page 0435
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Friday             March 12, 1999         
                                                                               
                               Fifty-third Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:10 a.m.                                                           
                                                                               
                                                                               
Roll call showed 27 members present.  Representatives Austerman,               
Davies, Dyson, Joule, Kott and Smalley had been previously excused             
from a call of the House today.  The previous excuses for                      
Representatives Croft, Harris and Ogan (pages 394 and 416) were                
extended until plane time today.  Representative Harris' presence was          
noted later.                                                                   
                                                                               
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 Brice - today                                                   
                                                                               
Representative Kemplen - today                                                 
                                                                               
Representative Murkowski - today                                               
                                                                               
Representative Sanders - from 8:00 a.m., today to 9:30 a.m., plane             
time, March 15, 1999                                                           
                                                                               
                                                                               
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:                                    
                                                                               

1999-03-12                     House Journal                      Page 0436
Lord, as I come before You this morning representing this                     
group of dedicated men and women, I ask Your help in                           
preparing them to spend another day in the service of the                      
people of Alaska.  I pray they may have the wisdom of                          
Solomon, the patience of Job, and the heart of David in all                    
they say and do.  Guide them in the way they should go, and                    
may we, who they serve, appreciate their sacrifice and hard                    
work.  May You pour out Your abundant blessings on this                        
body both today and every day they meet.  We ask this in                       
Jesus' name, Amen.                                                             
                                                                               
The Pledge of Allegiance was led by Representative Morgan.                     
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 52nd legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Dept. of Administration                                                        
Office of the Commissioner                                                     
Report on the Monetary Terms of Agreement                                      
with the Public Safety Employees Association                                   
(as required by AS 23.40.215)                                                  
                                                                               
The Speaker referred the report to the Finance Committee.                      
                                                                               
Dept. of Administration                                                        
Division of Senior Services                                                    
Alaska Commission on Aging                                                     
Annual Report FY 98                                                            
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 1                                                                         
The Community & Regional Affairs Committee has considered:                     
                                                                               

1999-03-12                     House Journal                      Page 0437
HB 1                                                                         
HOUSE BILL NO. 1                                                              
"An Act relating to collective bargaining agreements and                      
arbitration awards of class (a)(1) municipal employees."                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 1(CRA)                                                  
"An Act relating to collective bargaining agreements and                      
arbitration awards of municipal police and fire protection                     
employees."                                                                    
                                                                               
The report was signed by Representative Halcro, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (3):  Kookesh, Morgan, Halcro                                          
                                                                               
Do not pass (1):  Dyson                                                        
                                                                               
The following fiscal note applies to CSHB 1(CRA):                              
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 3/12/99               
                                                                               
HB 1 was referred to the Labor & Commerce Committee.                           
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - John Sayles and Maggie Renzi                                        
By Representatives Kerttula, Hudson; Senator Elton                             
                                                                               
                                                                               
In Memoriam - Gertrude Elizabeth Lavigne                                       
By Representatives Barnes, Mulder                                              
                                                                               
                                                                               
In Memoriam - Dorothy "Betty" Hofstad Bodding                                  
By Representative Williams                                                     

1999-03-12                     House Journal                      Page 0438
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 134                                                                       
HOUSE BILL NO. 134 by Representatives Hudson, Kerttula and                     
Bunde, entitled:                                                               
                                                                               
"An Act relating to the authority of the Department of Natural                
Resources to issue citations for certain skiing violations; relating           
to establishing a bail schedule for certain skiing violations and to           
procedures for issuing a citation for a skiing violation."                     
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
HB 135                                                                       
HOUSE BILL NO. 135 by Representative Kott, entitled:                           
                                                                               
"An Act relating to use of eavesdropping and recording devices by             
peace officers."                                                               
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
**The presence of Representative Harris was noted.                             
                                                                               
HB 136                                                                       
HOUSE BILL NO. 136 by Representative Therriault, entitled:                     
                                                                               
"An Act relating to tourism and tourism marketing; eliminating the            
Alaska Tourism Marketing Council; and providing for an effective               
date."                                                                         
                                                                               
was read the first time and referred to the House Special Committee            
on Economic Development and Tourism, the Labor & Commerce and                  
Finance Committees.                                                            
                                                                               
                                                                               

1999-03-12                     House Journal                      Page 0439
                               RECONSIDERATION                               
                                                                               
HB 100                                                                       
Representative Mulder brought up reconsideration of the vote on                
CSHB 100(FIN)(brf sup maj fld)(efd fld)(page 431).                             
                                                                               
The following was again before the House in third reading:                     
                                                                               
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."                                              
                                                                               
The question to be reconsidered:  "Shall CSHB 100(FIN) pass the                
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 100(FIN)--RECONSIDERATION                                                 
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  21   NAYS:  7   EXCUSED:  12   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Coghill, Cowdery, Davis, Foster, Green, Halcro,          
Harris, Hudson, James, Kohring, Masek, Morgan, Mulder, Phillips,               
Porter, Rokeberg, Therriault, Whitaker, Williams                               
                                                                               
Nays:  Berkowitz, Cissna, Grussendorf, Kapsner, Kerttula, Kookesh,             
Moses                                                                          
                                                                               
Excused:  Austerman, Brice, Croft, Davies, Dyson, Joule, Kemplen,              
Kott, Murkowski, Ogan, Sanders, Smalley                                        
                                                                               
And so, CSHB 100(FIN) passed the House on reconsideration.                     
                                                                               
                                                                               
Representative Green moved that the appropriations from the                    
constitutional budget reserve fund (Article IX, Section 17(c),                 
Constitution of the State of Alaska) be adopted.                               
                                                                               

1999-03-12                     House Journal                      Page 0440
HB 100                                                                       
The question to be reconsidered:  "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)--RECONSIDERATION                                                 
Constitutional Budget Reserve Appropriations                                   
                                                                               
YEAS:  21   NAYS:  7   EXCUSED:  12   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Coghill, Cowdery, Davis, Foster, Green, Halcro,          
Harris, Hudson, James, Kohring, Masek, Morgan, Mulder, Phillips,               
Porter, Rokeberg, Therriault, Whitaker, Williams                               
                                                                               
Nays:  Berkowitz, Cissna, Grussendorf, Kapsner, Kerttula, Kookesh,             
Moses                                                                          
                                                                               
Excused:  Austerman, Brice, Croft, Davies, Dyson, Joule, Kemplen,              
Kott, Murkowski, Ogan, Sanders, Smalley                                        
                                                                               
And so, lacking the necessary 30 votes, the constitutional budget              
reserve fund appropriations were not adopted on reconsideration.               
                                                                               
Representative Green moved the effective date clause.                          
                                                                               
The question to be reconsidered:  "Shall the effective date clause be          
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 100(FIN)(brf sup maj fld)--RECONSIDERATION                                
Effective Date                                                                 
                                                                               
YEAS:  21   NAYS:  7   EXCUSED:  12   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Coghill, Cowdery, Davis, Foster, Green, Halcro,          
Harris, Hudson, James, Kohring, Masek, Morgan, Mulder, Phillips,               
Porter, Rokeberg, Therriault, Whitaker, Williams                               
                                                                               
Nays:  Berkowitz, Cissna, Grussendorf, Kapsner, Kerttula, Kookesh,             
Moses                                                                          
                                                                               
Excused:  Austerman, Brice, Croft, Davies, Dyson, Joule, Kemplen,              
Kott, Murkowski, Ogan, Sanders, Smalley                                        
                                                                               

1999-03-12                     House Journal                      Page 0441
HB 100                                                                       
And so, lacking the necessary 27 votes, the effective date clause was          
not adopted on reconsideration.                                                
                                                                               
The new title appears below:                                                   
                                                                               
CS FOR HOUSE BILL NO. 100(FIN)(brf sup maj fld)(efd fld)                      
"An Act making and amending capital, supplemental, and other                  
appropriations; making and amending appropriations to capitalize               
funds; ratifying certain expenditures."                                        
                                                                               
CSHB 100(FIN)(brf sup maj fld)(efd fld) was referred to the Chief              
Clerk for engrossment.                                                         
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 9                                                                        
The Speaker stated that, without objection, the following would be             
moved down the calendar to follow SJR 5 am:                                    
                                                                               
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.                                       
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 5                                                                        
The following was read the second time:                                        
                                                                               
SENATE JOINT RESOLUTION NO. 5 am                                              
Opposing the closure of the former Mount McKinley portions of                 
Denali National Park and Preserve to snowmachine use.                          
                                                                               
with the:                                                 Journal Page         
	                                                                              
	WTR RPT  4DP 2NR                                                  298         
	SENATE ZERO FISCAL NOTE (S.RES) 2/4/99                            299         

1999-03-12                     House Journal                      Page 0442
SJR 5                                                                        
	RES RPT  5DP 1NR                                                  405         
	SENATE ZERO FISCAL NOTE (S.RES) 2/4/99                            406         
                                                                               
Representative Green moved and asked unanimous consent that SJR 5              
am be considered engrossed, advanced to third reading and placed on            
final passage.  There being no objection, it was so ordered.                   
                                                                               
SJR 5 am was read the third time.                                              
                                                                               
The question being:  "Shall SJR 5 am pass the House?"  The roll was            
taken with the following result:                                               
                                                                               
SJR 5 am                                                                       
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  26   NAYS:  2   EXCUSED:  12   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Berkowitz, Bunde, Coghill, Cowdery, Davis, Foster,              
Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kohring,           
Kookesh, Masek, Morgan, Moses, Mulder, Phillips, Porter, Rokeberg,             
Therriault, Whitaker, Williams                                                 
                                                                               
Nays:  Cissna, Kerttula                                                        
                                                                               
Excused:  Austerman, Brice, Croft, Davies, Dyson, Joule, Kemplen,              
Kott, Murkowski, Ogan, Sanders, Smalley                                        
                                                                               
And so, SJR 5 am passed the House, was signed by the Speaker and               
Chief Clerk and returned to the Senate.                                        
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 9                                                                        
Representative Berkowitz moved and asked unanimous consent that the            
following, which had been moved down the calendar (page 441), be               
held to the March 15, 1999 calendar:                                           
                                                                               
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           

1999-03-12                     House Journal                      Page 0443
HJR 9                                                                        
lawful purchase or ownership of firearms gathered through the                 
Brady Handgun Bill instant check system.                                       
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - The Armed Services YMCA's Outstanding Military                      
Representatives, "The Salute to the Military"                                  
By Representatives Mulder, Porter, Austerman, Berkowitz, Bunde,                
Cissna, Coghill, Davis, Dyson, Foster, Green, Grussendorf, Halcro,             
Hudson, James, Kerttula, Kohring, Kott, Masek, Morgan, Phillips,               
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
Honoring - Pat Soderberg                                                       
By Senator Taylor; Representatives Porter, Austerman, Berkowitz,               
Davis, Dyson, Grussendorf, Hudson, James, Kerttula, Kott, Morgan,              
Mulder, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams             
                                                                               
In Memoriam - Horace "Slim" Blood                                              
By Representatives Harris, Porter, Austerman, Berkowitz, Cissna,               
Davis, Dyson, Foster, Grussendorf, Hudson, James, Kerttula, Kott,              
Morgan, Mulder, Phillips, Rokeberg, Sanders, Smalley, Therriault,              
Williams; Senator Lincoln                                                      
                                                                               
In Memoriam - Archie Kooneak Brower                                            
By Representatives Joule, Porter, Austerman, Berkowitz, Cissna, Davis,         
Dyson, Foster, Grussendorf, Hudson, James, Kerttula, Kookesh, Kott,            
Morgan, Mulder, Phillips, Rokeberg, Sanders, Smalley, Therriault,              
Williams; Senator Adams                                                        
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Green moved and asked unanimous consent that the                
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               

1999-03-12                     House Journal                      Page 0444
Representative Dyson - from 7:21 p.m., March 11 to 9:00 p.m., plane            
time, March 15, 1999 (amended from page 394)                                   
                                                                               
HJR 7                                                                        
Representative Davies removed his name as cosponsor to:                        
                                                                               
HOUSE JOINT RESOLUTION NO. 7                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to initiative and referendum petitions.                               
                                                                               
HJR 9                                                                        
Representative Cissna added her 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.                                       
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 100                                                                       
CSHB 100(FIN)(brf sup maj fld)(efd fld) 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.            
                                                                               
                                                                               
The following meetings today have been changed as indicated:                   
                                                                               
Finance Subcommittee                                                           
Dept. of Corrections                                                           
8:30 a.m., 3/12 meeting CONTINUED:                          Noon, 3/12         
                                                                               
Labor & Commerce                                                               
3:15 p.m., 3/12 meeting CANCELED                                               
                                                                               
                                                                               

1999-03-12                     House Journal                      Page 0445
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., March 15, 1999.  There being no                
objection, the House adjourned at 10:45 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk