Legislature(1999 - 2000)

1999-03-26 House Journal

Full Journal pdf

1999-03-26                     House Journal                      Page 0577
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Friday             March 26, 1999         
                                                                               
                              Sixty-seventh Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:07 a.m.                                                           
                                                                               
                                                                               
Roll call showed 32 members present.  Representatives Austerman,               
Barnes, Kapsner, Kookesh and Rokeberg had been previously excused              
from a call of the House today.  Representatives Berkowitz and                 
Kohring were absent and their presence was noted later.                        
Representative Joule was absent.                                               
                                                                               
The invocation was offered by the Reverend Leon Thompson of the                
Chapel by the Lake.  Representative Green moved and asked                      
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
As we awakened this morning we prepared our bodies for a                      
new day and the challenges that were ahead.  Now let us take                   
a moment to prepare our hearts and minds by giving thanks                      
and seeking God's direction and guidance for this day.  Before                 
we do that, I would ask that we take a few moments of silent                   
prayer in memory of Will Shattuck, Senator Ray's grandson.                     
                                                                               
Dear God,                                                                     
                                                                               
We give thanks for this day.  You created this day and all the                
days of our lives.  You created each one of us unique and                      
special and set before us challenges and tasks that at times                   
seem overwhelming.  Undergird us this day with wisdom and                      
courage, give us attitudes of compassion and show us the right                 
way to lead all the peoples of this land.                                      

1999-03-26                     House Journal                      Page 0578
Help each of us to be sensitive, bold, caring, filled with                    
integrity, responsive to the needs of others, wise and at times                
courageous.  We know that in all this we will struggle                         
attempting to make it on our own, however, we know that                        
You desire to walk in front, behind and beside us through                      
each step of the day.  We give thanks for Your presence with                   
us.                                                                            
                                                                               
Be with our nation this day in the midst of the difficulties she              
faces.  We pray for a quick resolution to the conflict in                      
Kosovo.                                                                        
                                                                               
Help each of us to stand upright and firm in the midst of the                 
trials and temptations in life.  Show us Your way and help us                  
to walk in it.                                                                 
                                                                               
We pray this to the One who created us and sustains us                        
through all of life.  Amen                                                     
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Foster.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 66th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                   * * * * *                                   
                                                                               
Representative Coghill introduced Aaron Shaw, Guest Page, from                 
Nenana.                                                                        
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 73                                                                        
A message dated March 25, 1999, was read stating the Senate has                
passed:                                                                        
                                                                               

1999-03-26                     House Journal                      Page 0579
HB 73                                                                        
CS FOR HOUSE BILL NO. 73(FIN)                                                 
"An Act relating to commercial vehicle registration fees and taxes;           
relating to determining the taxable location of a vehicle for                  
purposes of municipal registration taxes; and providing for an                 
effective date."                                                               
                                                                               
CSHB 73(FIN) was referred to the Chief Clerk for enrollment.                   
                                                                               
                                                                               
HB 76                                                                        
A message dated March 25, 1999, was read stating the Senate has                
passed CSHB 76(RLS) am with the following amendment:                           
                                                                               
                                                                               
Page 2, line 19:                                                               
	Insert  "*Sec. 2 AS 29.45.050(o) is repealed July 1, 2002."                 
                                                                               
Renumber the following section accordingly.                                    
                                                                               
                                                                               
And so, the following is transmitted for consideration:                        
                                                                               
CS FOR HOUSE BILL NO. 76(RLS) am S                                            
"An Act relating to an exemption from and deferral of payment on              
municipal taxes on deteriorated property; and providing for an                 
effective date."                                                               
                                                                               
CSHB 76(RLS) am is under Unfinished Business.                                  
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Dept. of Corrections                                                           
Report of the Alaska Board                                                     
of Parole 1997 and 1998                                                        
December 1998                                                                  
                                                                               
                                                                               

1999-03-26                     House Journal                      Page 0580
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 40                                                                        
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 40                                                             
"An Act combining parts of the Department of Commerce and                     
Economic Development and parts of the Department of                            
Community and Regional Affairs by transferring some of their                   
duties to a new Department of Commerce and Rural Development;                  
transferring some of the duties of the Department of Commerce                  
and Economic Development and the Department of Community                       
and Regional Affairs to other existing agencies; eliminating the               
Department of Commerce and Economic Development and the                        
Department of Community and Regional Affairs; relating to the                  
Department of Commerce and Rural Development and the                           
commissioner of commerce and rural development; adjusting the                  
membership of certain multi-member bodies to reflect the transfer              
of duties among departments and the elimination of departments;                
creating the office of international trade and relating to its duties;         
and providing for an effective date."                                          
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 40(CRA)                                                 
"An Act combining parts of the Department of Commerce and                     
Economic Development and parts of the Department of                            
Community and Regional Affairs by transferring some of their                   
duties to a new Department of Commerce and Rural Development;                  
transferring some of the duties of the Department of Commerce                  
and Economic Development and the Department of Community                       
and Regional Affairs to other existing agencies; eliminating the               
Department of Commerce and Economic Development and the                        
Department of Community and Regional Affairs; relating to the                  
Department of Commerce and Rural Development and the                           
commissioner of commerce and rural development; establishing in                
the Office of the Governor the position of rural affairs advocate;             
adjusting the membership of certain multi-member bodies to reflect             
the transfer of duties among departments and the elimination of                
departments; creating the office of international trade and relating           
to its duties; and providing for an effective date."                           

1999-03-26                     House Journal                      Page 0581
HB 40                                                                        
The report was signed by Representative Harris, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (1):  Harris                                                           
                                                                               
No recommendation (3):  Dyson, Halcro, Joule                                   
                                                                               
Amend (2):  Morgan, Murkowski                                                  
                                                                               
The following fiscal notes apply to CSHB 40(CRA):                              
                                                                               
Fiscal note, Dept. of Commerce & Economic Development/Various                  
Depts., 3/26/99                                                                
Zero fiscal note, Dept. of Revenue, 3/26/99                                    
                                                                               
HB 40 was referred to the Finance Committee.                                   
                                                                               
HB 69                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 69                                                             
"An Act relating to the Alcoholic Beverage Control Board; and                 
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 69(FIN)                                                 
"An Act requiring certain reports or information from alcoholic               
beverage licensees that are also limited liability organizations;              
relating to powers of employees of the Alcoholic Beverage Control              
Board to investigate violations of certain criminal laws; relating to          
regulation of alcoholic beverage licenses issued to limited liability          
organizations; relating to brewpub licenses; relating to package               
store licenses; relating to consumption of alcoholic beverages on              
licensed premises; relating to the liability of a member of a limited          
liability organization who also holds an alcoholic beverage license;           
extending the termination date of the Alcoholic Beverage Control               
Board to June 30, 2003; relating to residency requirements for                 
obtaining an alcoholic beverage license; and providing for an                  
effective date."                                                               

1999-03-26                     House Journal                      Page 0582
HB 69                                                                        
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (4):  Therriault, Mulder, Bunde, Foster                                
                                                                               
No recommendation (1):  Moses                                                  
                                                                               
Amend (2):  Davies, Grussendorf                                                
                                                                               
The following fiscal note applies to CSHB 69(FIN):                             
                                                                               
Zero fiscal note, Dept. of Revenue, 3/8/99                                     
                                                                               
HB 69 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:                                       
                                                                               
Commemorating - Law Enforcement Memorial Day, May 15, 1999                     
By Representative Porter                                                       
                                                                               
Honoring - Anchorage Christian School Boys Basketball Team, 1999               
3-A Boys State Champions                                                       
By Representative Mulder; Senator Tim Kelly                                    
                                                                               
Honoring - Dora Estevez                                                        
By Representative Davis                                                        
                                                                               
Honoring - Chugiak Mustangs Boys Basketball Team, 4-A State                    
Tournament, Academic and Sportsmanship Awards                                  
By Senators Halford, Phillips; Representative Dyson                            
                                                                               
Honoring - The Alaska Firebirds Girls Hockey Team                              
By Senators Phillips, Halford; Representative Dyson                            
                                                                               
In Memoriam - Carol Eastaugh                                                   
By Representatives Hudson, Kerttula; Senator Elton                             

1999-03-26                     House Journal                      Page 0583
In Memoriam - Henrietta "Pen" Lee                                              
By Senators Halford, Phillips; Representative Dyson                            
                                                                               
In Memoriam - Gordon W. Bordine                                                
By Senators Halford, Phillips; Representative Dyson                            
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 33                                                                       
HOUSE JOINT RESOLUTION NO. 33 by Representatives Phillips                      
and Green:                                                                     
                                                                               
Urging the United States Senate to decline to ratify the treaty from          
the United Nations Framework Convention on Climate Change                      
adopted in December 1997 at Kyoto, Japan.                                      
                                                                               
was read the first time and referred to the House Special Committee            
on World Trade and State/Federal Relations.                                    
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 162                                                                       
HOUSE BILL NO. 162 by Representative Kemplen, entitled:                        
                                                                               
"An Act relating to confidential mental health records; relating to           
mental health services and programs; relating to liability for                 
payment for mental health evaluation and treatment services; and               
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
**The presence of Representative Kohring was noted.                            
                                                                               
HB 163                                                                       
HOUSE BILL NO. 163 by Representative James, entitled:                          
                                                                               
"An Act relating to qualifications of voters; relating to the                 
registration of  voters;  relating to election districts and officials;        

1999-03-26                     House Journal                      Page 0584
HB 163                                                                       
relating to election procedures and ballots; relating to special              
procedures for elections; relating to nomination of candidates;                
relating to national elections; relating to special elections and              
appointments; relating to constitutional amendments; relating to               
election offenses and corrupt practices; relating to election                  
pamphlets; relating to the deferral of jury service for certain                
election officials; relating to an exemption from the State                    
Procurement Code regarding election ballots; relating to the                   
provision and use of mailing addresses on permanent fund                       
dividend applications for election purposes; relating to the                   
inclusion of voter registration forms with permanent fund dividend             
applications; making conforming amendments in references to                    
'election district' and 'chairman'; and providing for an effective             
date."                                                                         
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 112                                                                       
The following, which was advanced to third reading from the                    
March25, 1999 calendar (page 570), was read the third time:                    
                                                                               
HOUSE BILL NO. 112                                                            
"An Act establishing the Alaska public building fund; and                     
providing for an effective date."                                              
                                                                               
The question being:  "Shall HB 112 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 112                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  33   NAYS:  0   EXCUSED:  5   ABSENT:  2                              
                                                                               

1999-03-26                     House Journal                      Page 0585
HB 112                                                                       
                                                                               
Yeas:  Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis,           
Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James,              
Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Moses, Mulder,                
Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault,               
Whitaker, Williams                                                             
                                                                               
Excused:  Austerman, Barnes, Kapsner, Kookesh, Rokeberg                        
                                                                               
Absent:  Berkowitz, Joule                                                      
                                                                               
And so, HB 112 passed the House.                                               
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that the roll           
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           
                                                                               
HB 112 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 - Alaska Support Industry Alliance                                    
By Representatives Porter, Barnes, Berkowitz, Brice, Bunde, Cissna,            
Cowdery, Croft, Davies, Davis, Dyson, Green, Halcro, Harris, Hudson,           
James, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder,                
Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault; Senator           
Pearce                                                                         
                                                                               
                                                                               
In Memoriam - Caroline M. Anderson                                             
By Representatives Smalley, Porter, Berkowitz, Brice, Cissna,                  
Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris,             
Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Moses,                  
Mulder, Phillips, Sanders, Therriault                                          
                                                                               

1999-03-26                     House Journal                      Page 0586
                             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 27 to 9:30 a.m., plane             
time, March 29 1999                                                            
                                                                               
Representative Morgan - from 7:21 p.m., March 31 to 9:33 p.m., plane           
time, April 5, 1999                                                            
                                                                               
Representative Berkowitz - from 1:23 p.m., April 1 to 9:20 p.m., plane         
time, April 5, 1999                                                            
                                                                               
HB 31                                                                        
Representative Kerttula added her name as cosponsor to:                        
                                                                               
HOUSE BILL NO. 31                                                             
"An Act making an appropriation for construction and renovation               
of the University of Alaska, Anchorage Consortium Library                      
Facility; and providing for an effective date."                                
                                                                               
HB 40                                                                        
Representative Mulder added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 40                                                             
"An Act combining parts of the Department of Commerce and                     
Economic Development and parts of the Department of                            
Community and Regional Affairs by transferring some of their                   
duties to a new Department of Commerce and Rural Development;                  
transferring some of the duties of the Department of Commerce                  
and Economic Development and the Department of Community                       
and Regional Affairs to other existing agencies; eliminating the               
Department of Commerce and Economic Development and the                        
Department of Community and Regional Affairs; relating to the                  
Department of Commerce and Rural Development and the                           
commissioner of commerce and rural development; adjusting the                  
membership of certain multi-member bodies to reflect the transfer              
of duties among departments and the elimination of departments;                
creating the office of international trade and relating to its duties;         
and providing for an effective date."                                          

1999-03-26                     House Journal                      Page 0587
HB 101                                                                       
Representative Foster added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 101                                                            
"An Act relating to the reinstatement of corporations that are                
public utilities; and providing for an effective date."                        
                                                                               
HB 134                                                                       
Representative Phillips added her name as cosponsor to:                        
                                                                               
HOUSE BILL NO. 134                                                            
"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."                     
                                                                               
SCR 2                                                                        
Representative Coghill added his name as cross sponsor to:                     
                                                                               
SENATE CONCURRENT RESOLUTION NO. 2                                            
Relating to management of Alaska's wildlife and fish resources.               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 112                                                                       
HB 112 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 presence of Representative Berkowitz was noted.                          
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., March 29, 1999.  There being no                
objection, the House adjourned at 10:30 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk