Legislature(1999 - 2000)

1999-03-17 House Journal

Full Journal pdf

1999-03-17                     House Journal                      Page 0487
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                     Wednesday            March 17, 1999         
                                                                               
                               Fifty-eighth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:03 a.m.                                                           
                                                                               
                                                                               
Roll call showed 37 members present.  Representative James had been            
previously excused from a call of the House today.  Representatives            
Barnes and Kott were absent and their presence was noted later.                
                                                                               
                                                                               
The invocation was offered by the Reverend Wilson Valentine of St.             
Brendan's Episcopal Church. Representative Davies moved and asked              
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
The skies have cleared to reveal the splendor of creation                     
which surrounds and delights us.  Clear the skies of our                       
purpose and resolve so that we may work together with the                      
knowledge that finishing our work is not a race, but a call                    
from our Creator to be good stewards of such a bountiful gift.                 
The challenge to us, by the chances and changes of modern                      
life, invite us to look to those who have gone before us as                    
examples toward whom we need to look.  May Patrick be                          
such an example of leadership, who brought the people of                       
Ireland out of darkness into the clarity of a life of purpose and              
zeal.  Give to our work this day, and during this session, a                   
sense of vision which will set our hearts afire for the                        
leadership of the people of this diverse community and                         
protection and use of the gifts of a place so rich in abundance.               
Protect those we love and give to each of us peace of mind                     
when evening calls us to rest.  Amen                                           

1999-03-17                     House Journal                      Page 0488
The Pledge of Allegiance was led by Representative Kerttula.                   
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 57th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 100                                                                       
A message dated March 16, 1999, was read stating the Senate has                
adopted the Conference Committee report on CSHB 100(FIN)(brf sup               
maj fld)(efd fld) and SCS CSHB 100(FIN), thus adopting:                        
                                                                               
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 100                                          
"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 Senate also adopted the Conference Committee letter of intent              
(page 474).                                                                    
                                                                               
The House has adopted CCS HB 100 (page 476).                                   
                                                                               
CCS HB 100 was referred to the Chief Clerk for engrossment and                 
enrollment.                                                                    
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
A message dated March 16, 1999, was read stating the Senate has                
passed the following, and it is transmitted for consideration:                 
                                                                               
SJR 11                                                                       
CS FOR SENATE JOINT RESOLUTION NO. 11(FIN) by the Senate                       
Finance Committee:                                                             

1999-03-17                     House Journal                      Page 0489
SJR 11                                                                       
Urging the Congress of the United States to provide federal                   
education funds as a block grant to the state.                                 
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Dept. of Health & Social Services                                              
Alaska Mental Health Board                                                     
Mental Health In Alaska, People                                                
Services, Plans and Systems                                                    
Annual Report 1998                                                             
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 18                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 18                                                 
Proposing an amendment to the Constitution of the State of Alaska             
relating to an office of administrative hearings.                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 18(STA)                                     
Proposing amendments to the Constitution of the State of Alaska               
relating to an office of administrative hearings.                              
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  James, Coghill, Whitaker, Ogan                                   
                                                                               
Do not pass (2):  Smalley, Kerttula                                            

1999-03-17                     House Journal                      Page 0490
HJR 18                                                                       
The following fiscal note applies to CSHJR 18(STA):                            
                                                                               
Fiscal note, Office of the Governor, 3/17/99                                   
                                                                               
HJR 18 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HCR 2                                                                        
The House Special Committee on World Trade and State/Federal                   
Relations has considered:                                                      
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 2                                             
Relating to the sovereignty of the State of Alaska and the                    
sovereign right of the State of Alaska to manage the natural                   
resources of Alaska.                                                           
                                                                               
The report was signed by Representative Barnes, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Masek, Green, Cowdery, Barnes                                    
                                                                               
Do not pass (2):  Berkowitz, Joule                                             
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Special Committee on World Trade and                   
State/Federal Relations, 3/17/99                                               
                                                                               
HCR 2 was referred to the House Special Committee on Fisheries.                
                                                                               
                                                                               
HB 109                                                                       
The House Special Committee on World Trade and State/Federal                   
Relations has considered:                                                      
                                                                               
HOUSE BILL NO. 109                                                            
"An Act relating to management of fish and game in Glacier Bay                
National Park and Preserve and navigable waters."                              

1999-03-17                     House Journal                      Page 0491
HB 109                                                                       
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 109(WTR)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Barnes, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Cowdery, Green, Masek, Barnes                                    
                                                                               
No recommendation (1):  Joule                                                  
                                                                               
Amend (1):  Berkowitz                                                          
                                                                               
The following fiscal notes apply to CSHB 109(WTR):                             
                                                                               
Zero fiscal notes (2), Dept. of Fish & Game, 3/17/99                           
Zero fiscal note, Dept. of Public Safety, 3/17/99                              
                                                                               
HB 109 was referred to the Resources Committee.                                
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
                                                                               
Honoring - Pat Porter                                                          
By Representative Smalley                                                      
                                                                               
                                                                               
Honoring - James Mason, Sports Official                                        
By Senator Leman                                                               
                                                                               
                                                                               
In Memoriam - Christina Janice Obruk                                           
By Representative Foster                                                       
                                                                               

1999-03-17                     House Journal                      Page 0492
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 29                                                                       
HOUSE JOINT RESOLUTION NO. 29 by the House Judiciary                           
Committee:                                                                     
                                                                               
Relating to the division of the Ninth Circuit Court of Appeals.               
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 140                                                                       
HOUSE BILL NO. 140 by Representative Kapsner, entitled:                        
                                                                               
"An Act relating to the Kuskokwim Ice Classic."                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
HB 141                                                                       
HOUSE BILL NO. 141 by Representatives Kott, Porter and Cowdery,                
entitled:                                                                      
                                                                               
"An Act providing for preferential voting in state and local                  
elections."                                                                    
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 11                                                                       
The following was read the second time:                                        

1999-03-17                     House Journal                      Page 0493
HJR 11                                                                       
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.                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	O&G RPT  CS(O&G) 5DP 1NR                                          234         
	ZERO FISCAL NOTE (H.O&G)                                          234         
	RES RPT  6DP 1NR                                                  318         
	ZERO FISCAL NOTE (O&G) 2/17/99                                    319         
                                                                               
Amendment No. 1 was offered  by Representative Kerttula:                        
                                                                               
Page 3, line 7, following "it":                                                
	Insert a new paragraph to read:                                               
	"FURTHER RESOLVED that the Alaska State Legislature                         
opposes any unilateral reduction in royalty revenue from exploration           
and development of the coastal plain of the Arctic National Wildlife           
Refuge and any attempt to coerce the State of Alaska into accepting            
less than the 90 percent of the oil, gas, and mineral royalties from the       
federal land in Alaska that was promised to the state at statehood; and        
be it"                                                                         
                                                                               
Representative Kerttula moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Green objected.                                                 
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
HJR 11                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf,            
Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley             
                                                                               

1999-03-17                     House Journal                      Page 0494
HJR 11                                                                       
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Dyson, Foster,              
Green, Halcro, Harris, Kohring, Kott, Masek, Morgan, Mulder,                   
Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault,              
Whitaker, Williams                                                             
                                                                               
Excused:  James                                                                
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Representative Green moved and asked unanimous consent that                    
HJR11 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HJR 11 was read the third time.                                                
                                                                               
The question being:  "Shall HJR 11 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HJR 11                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  37   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery,           
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Harris, Hudson, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott,               
Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter,               
Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams                     
                                                                               
Nays:  Cissna, Kerttula                                                        
                                                                               
Excused:  James                                                                
                                                                               
And so, HJR 11 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
                                                                               
HJR 13                                                                       
The following was read the second time:                                        
                                                                               

1999-03-17                     House Journal                      Page 0495
HJR 13                                                                       
HOUSE JOINT RESOLUTION NO. 13                                                 
Relating to using oil spill settlement funds to create an endowment           
for the sciences at the University of Alaska.                                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NT 5DP 2NR                                       387         
	ZERO FISCAL NOTE (H.HES)                                          387         
	FIN RPT  CS(FIN) NT 5DP 2DNP 3NR                                  402         
	ZERO FISCAL NOTE (H.HES) 3/8/99                                   402         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN)                                     
Relating to using oil spill settlement funds to create a long-term            
research and monitoring endowment.                                             
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHJR
13(FIN) be considered engrossed, advanced to third reading and placed          
on final passage.  There being no objection, it was so ordered.                
                                                                               
CSHJR 13(FIN) was read the third time.                                         
                                                                               
The question being:  "Shall CSHJR 13(FIN) pass the House?"  The roll           
was taken with the following result:                                           
                                                                               
CSHJR 13(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  36   NAYS:  2   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery,              
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott,              
Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,            
Sanders, Smalley, Therriault, Whitaker, Williams                               

1999-03-17                     House Journal                      Page 0496
HJR 13                                                                       
Nays:  Austerman, Kohring                                                      
                                                                               
Excused:  James                                                                
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, CSHJR 13(FIN) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - The Russian Jack Community                                          
By Representatives Cissna, Porter, Austerman, Berkowitz, Brice, Croft,         
Davies, Davis, Dyson, Green, Grussendorf, Halcro, Hudson, James,               
Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder,              
Murkowski, Sanders, Smalley, Therriault, Williams                              
                                                                               
Honoring - Emily DeForest                                                      
By Representatives Smalley, Porter, Austerman, Berkowitz, Brice,               
Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Hudson, James,               
Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski,            
Rokeberg, Sanders, Therriault, Williams                                        
                                                                               
Honoring - Jay Dulany Upon His Retirement                                      
By Senator Pearce; Representatives Porter, Austerman, Barnes,                  
Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green,           
Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen,                   
Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan,                      
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
Honoring - The Alaska Folk Festival                                            
By Senator Elton; Representatives Hudson, Kerttula, Porter,                    
Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies,            
Davis, Dyson, Green, Grussendorf, James, Joule, Kapsner, Kemplen,              
Kohring, Kott, Morgan, Mulder, Murkowski, Rokeberg, Sanders,                   
Smalley, Therriault, Williams                                                  
                                                                               

1999-03-17                     House Journal                      Page 0497
In Memoriam - William C. Bishop                                                
By Senator Leman; Representatives Porter, Austerman, Berkowitz,                
Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf,               
Hudson, James, Joule, Kapsner, Kerttula, Kott, Morgan, Mulder,                 
Murkowski, Ogan, 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 Kott - from 7:15 a.m., March 20 to 9:20 p.m., plane             
time, March 22, 1999                                                           
                                                                               
Representative Murkowski - from 7:02 p.m., March 22 to 9:30 p.m.,              
plane time, March 23, 1999                                                     
                                                                               
Representative Murkowski - from 7:00 a.m., April 15 to 6:41 p.m.,              
plane time, April 15, 1999                                                     
                                                                               
Representative Porter - from 2:00 p.m., March 31 to 2:00 p.m., plane           
time, April 6, 1999                                                            
                                                                               
HCR 2                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 2                                             
Relating to the sovereignty of the State of Alaska and the                    
sovereign right of the State of Alaska to manage the natural                   
resources of Alaska.                                                           
                                                                               
HJR 11                                                                       
Representatives Rokeberg, Porter, Austerman, Hudson, Ogan, Mulder,             
Foster, Dyson, Green, Coghill, Barnes, Halcro, Williams, Bunde,                
Morgan, Murkowski and Joule added their names as cosponsors to:                
                                                                               
HOUSE JOINT RESOLUTION NO. 11                                                 
Urging the United States Congress to pass legislation to open the             
coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil           
and gas exploration, development, and production.                              

1999-03-17                     House Journal                      Page 0498
HJR 13                                                                       
Representatives Croft, Bunde, Rokeberg, Kemplen and Murkowski                  
added their names as cosponsors to:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN)                                     
Relating to using oil spill settlement funds to create a long-term            
research and monitoring endowment.                                             
                                                                               
HJR 16                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 16                                                 
Congratulating the government and the people of the new                       
Canadian territory of Nunavut.                                                 
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 11                                                                       
HJR 11 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HJR 13                                                                       
CSHJR 13(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
                          ENGROSSMENT AND ENROLLMENT                         
                                                                               
HB 100                                                                       
The following was engrossed and enrolled, signed by the Speaker and            
Chief Clerk, President and Secretary of the Senate, and the engrossed          
and enrolled copies were transmitted to the Office of the Governor at          
10:30 a.m., March 17, 1999:                                                    
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 100                                          
"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."                                              
                                                                               
A legislative letter of intent (page 474) was attached.                        

1999-03-17                     House Journal                      Page 0499
                                  ENROLLMENT                                 
                                                                               
HB 22                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 10:30 a.m.,           
March 17, 1999:                                                                
                                                                               
CS FOR HOUSE BILL NO. 22(CRA)                                                 
"An Act relating to investigations of property by a municipal                 
assessor or the assessor's agent; and providing for an effective               
date."                                                                         
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Majority Caucus                Speaker's Chamber       6:00 p.m., 3/17         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 19, 1999.  There being no                
objection, the House adjourned at 11:40 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk