Legislature(1999 - 2000)
1999-03-29 House Journal
Full Journal pdf1999-03-29 House Journal Page 0593 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday March 29, 1999 Seventieth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 11:07 a.m. Roll call showed 38 members present. Representative Barnes had been previously excused from a call of the House today. Representative Green moved and asked unanimous consent that Representative Moses be excused from a call of the House from 7:12a.m., today to 9:30 p.m., plane time, April 5, 1999 (amended from page 461). There being no objection, it was so ordered. The invocation was offered by the Chaplain, Connie Munro of the Juneau Unitarian Universalist Fellowship. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: May we, legislators, staff and visitors, on this day of March29th, affirm and promote: the inherent worth and dignity of every person; justice, equity and compassion in human relations; acceptance of one another and encouragement to our own path of spiritual growth; a free and responsible search for truth and meaning; the rights of conscience and the use of the democratic process within our choice of congregations and the society at large; 1999-03-29 House Journal Page 0594 the goal of the world community with peace, liberty, and justice for all; and respect for the interdependent web of all existence, of which we are a part. The Pledge of Allegiance was led by Representative Kapsner. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 67th, 68th and 69th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Kerttula introduced Electra Gardinier, Guest Page, from Juneau. MESSAGES FROM THE GOVERNOR HR 1 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 1 Establishing a House Special Committee on Fisheries. House Resolve No. 1 HR 2 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1999-03-29 House Journal Page 0595 HR 2 HOUSE RESOLUTION NO. 2 Establishing a House Special Committee on World Trade and State/Federal Relations. House Resolve No. 2 HR 3 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 3 Establishing a House Special Committee on Economic Development and Tourism. House Resolve No. 3 HR 4 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 4 Establishing a House Special Committee on Oil and Gas. House Resolve No. 4 HR 5 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 5 Establishing a House Special Committee on Military and Veterans' Affairs. House Resolve No. 5 1999-03-29 House Journal Page 0596 HR 6 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE RESOLUTION NO. 6(RLS) Establishing a House Special Committee on Utility Restructuring. House Resolve No. 6 HR 7 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 7 Relating to declaring March 1999 as Sobriety Awareness Month. House Resolve No. 7 HJR 8 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am S Relating to a national ballistic missile defense system. Legislative Resolve No. 1 HB 22 A message dated March 26, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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." 1999-03-29 House Journal Page 0597 HB 22 Chapter No. 4, SLA 1999 Effective Date: March 27, 1999 SCR 5 A message dated March 26, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 5 am H Authorizing two recesses by the Senate and the House of Representatives for periods of more than three days. Legislative Resolve No. 2 MESSAGES FROM THE SENATE HB 80 A message dated March 26, 1999, was read stating the Senate has passed CSHB 80(STA) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 80(RLS) "An Act relating to a state employment preference for certain members of the Alaska National Guard." CSHB 80(STA) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated March 26, 1999, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 77 CS FOR SENATE BILL NO. 77(JUD) by the Senate Judiciary Committee, entitled: "An Act prohibiting certain civil actions against firearms or ammunition manufacturers and dealers." 1999-03-29 House Journal Page 0598 SB 77 was read the first time and referred to the Judiciary Committee. SB 99 CS FOR SENATE BILL NO. 99(FIN) by the Senate Finance Committee, entitled: "An Act to clarify the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska, to prevent discrimination in the redistricting of the house of representatives and the senate, and to prohibit expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation." was read the first time and referred to the Judiciary Committee. COMMUNICATIONS The following report was received: Dept. of Natural Resources Office of the Commissioner RS 2477 Rights of Way March 1999 (as required by AS 19.30.400 and Chapter No. 26, SLA 1998) REPORTS OF STANDING COMMITTEES HB 85 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 85 "An Act relating to licensure and professional discipline of members of the teaching profession and providing for related penalties; relating to grounds for dismissal of a teacher; relating to the Professional Teaching Practices Commission; relating to limited immunity for procedures under the Educator Ethics Act; making conforming amendments; and providing for an effective date." 1999-03-29 House Journal Page 0599 HB 85 The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (2): Dyson, Whitaker No recommendation (3): Green, Morgan, Coghill The following fiscal note applies: Zero fiscal note, Dept. of Education, 2/10/99 HB 85 was referred to the Judiciary Committee. HB 102 The Finance Committee has considered: HOUSE BILL NO. 102 "An Act imposing certain requirements relating to cigarette sales in this state by tobacco product manufacturers, including requirements for escrow, payment, and reporting of money from cigarette sales in this state; providing penalties for noncompliance with those requirements; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (2): Mulder, Davies No recommendation (6): Therriault, Bunde, Grussendorf, Moses, Davis, Foster The following fiscal notes apply: Zero fiscal note, Dept. of Law, 2/19/99 Zero fiscal note, Dept. of Revenue, 2/19/99 HB 102 was referred to the Rules Committee for placement on the calendar. 1999-03-29 House Journal Page 0600 HB 129 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 129 "An Act excluding school principals from collectively bargaining under the Public Employment Relations Act." The report was signed by Representatives Coghill and Dyson, Co- chairs, with the following individual recommendations: Do pass (2): Dyson, Coghill No recommendation (2): Morgan, Whitaker The following fiscal note applies: Zero fiscal note, Dept. of Administration, 3/29/99 HB 129 was referred to the Labor & Commerce Committee. SJR 11 The Health, Education & Social Services Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 11(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state. The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (4): Morgan, Dyson, Whitaker, Coghill The following fiscal note applies: Senate zero fiscal note, Senate Finance Committee/All Depts., 3/12/99 CSSJR 11(FIN) was referred to the Finance Committee. 1999-03-29 House Journal Page 0601 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mary Johnstone, 1998 Milken Family Foundation National Educator Award for Excellence in Education By Senator Donley In Memoriam - Claire Fejes, Alaskan Artist and Author By Representative Brice INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 164 HOUSE BILL NO. 164 by the House Rules Committee by request of the Governor, entitled: "An Act relating to electronic application for and issuance of licenses, permits, and tags issued by the Department of Fish and Game; to violations regarding a license, permit, or tag applied for or issued electronically; and providing for an effective date." was read the first time and referred to the Resources and Judiciary Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Fish & Game, 3/29/99 Zero fiscal note, Dept. of Law, 3/29/99 The Governor's transmittal letter dated March 26, 1999, appears below: "Dear Speaker Porter: Since the beginning of my Administration, state agencies have taken great strides to "plug into" the high technology age. We increasingly use electronic means to communicate with the public, whether it be to renew a driver's license, check the status of a permanent fund dividend application, or offer up-to-the-minute election results. 1999-03-29 House Journal Page 0602 HB 164 This bill I transmit today is yet another effort by the state to make it easier for the public to conduct business with us through electronic communication. It will allow application for fish and game licenses "on line" and lay the groundwork for the state to eventually issue paperless licenses. A process allowing fishers and hunters to apply for and receive licenses, permits, or tags electronically should reduce paperwork for the public and the state while building a better, more efficient system for license management. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor" HB 165 HOUSE BILL NO. 165 by Representatives Kapsner, Cissna, Davies, Dyson, Joule, Kerttula, Morgan, Phillips, Smalley and Croft, entitled: "An Act relating to school crisis response planning." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs, the Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 94 The following was read the second time: HOUSE BILL NO. 94 "An Act removing employees of the Alcoholic Beverage Control Board from the exempt service." 1999-03-29 House Journal Page 0603 HB 94 with the: Journal Page L&C RPT 5DP 388 ZERO FISCAL NOTE (REV) 389 FIN RPT 7DP 3NR 469 ZERO FISCAL NOTE (REV) 3/8/99 469 Representative Green moved and asked unanimous consent that HB 94 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 94 was read the third time. The question being: "Shall HB 94 pass the House?" The roll was taken with the following result: HB 94 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Barnes, Moses And so, HB 94 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: 1999-03-29 House Journal Page 0604 Commemorating - Law Enforcement Memorial Day, May 15, 1999 By Representatives Porter, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault Honoring - Anchorage Christian School Boys Basketball Team, 1999 3-A Boys State Champions By Representatives Mulder, Barnes, Porter, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault; Senator Tim Kelly Honoring - Dora Estevez By Representatives Davis, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Mulder, Ogan, Phillips, Sanders, Smalley, Therriault Honoring - Chugiak Mustangs Boys Basketball Team, 4-A State Tournament, Academic and Sportsmanship Awards By Senators Halford, Phillips; Representatives Porter, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Sanders, Smalley, Therriault Honoring - The Alaska Firebirds Girls Hockey Team By Senators Phillips, Halford; Representatives Dyson, Porter, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Green, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Sanders, Smalley, Therriault In Memoriam - Carol Eastaugh By Representatives Hudson, Kerttula, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, James, Joule, Kemplen, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault; Senator Elton 1999-03-29 House Journal Page 0605 In Memoriam - Henrietta "Pen" Lee By Senators Halford, Phillips; Representatives Dyson, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Grussendorf, Harris, Hudson, James, Joule, Kerttula, Kohring, Kott, Morgan, Mulder, Ogan, Phillips, Sanders, Smalley, Therriault In Memoriam - Gordon W. Bordine By Senators Halford, Phillips; Representatives Dyson, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Grussendorf, Harris, Hudson, James, Joule, Kerttula, Kohring, Kott, Morgan, Mulder, Ogan, Phillips, Sanders, Smalley, Therriault CONCUR IN SENATE AMENDMENTS HB 80 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 597) on the following at this time: CS FOR HOUSE BILL NO. 80(STA) "An Act relating to a state employment preference for certain members of the Alaska National Guard." and SENATE CS FOR CS FOR HOUSE BILL NO. 80(RLS) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 80(STA), thus adopting SCS CSHB 80(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 80(STA)?" The roll was taken with the following result: SCS CSHB 80(RLS) Concur YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 1999-03-29 House Journal Page 0606 HB 80 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Barnes, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 80(RLS). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 80(RLS) was referred to the Chief Clerk for enrollment. 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: Representative Murkowski - from 7:15 a.m., April 1 to 9:20 p.m., plane time, April 5, 1999; and, from 1:23 p.m., April 16 to 9:20 p.m., plane time, April 18, 1999 HB 155 Representative Davis added his name as cosponsor to: HOUSE BILL NO. 155 "An Act relating to municipal assembly forms of representation and apportionment." ENGROSSMENT HB 94 HB 94 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1999-03-29 House Journal Page 0607 ENROLLMENT HB 73 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 3:00 p.m., March 29, 1999: 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." HB 77 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 3:55 p.m., March 26, 1999: CS FOR HOUSE BILL NO. 77(FIN) am S "An Act relating to the Joint Armed Services Committee, a permanent interim committee of the Alaska State Legislature; and providing for an effective date." The following memorandum dated March 25, 1999, was received from Jill Bryson, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules, I am reporting the following manifest error in CSHB 77(FIN) am S that has been corrected in enrolling: Page 2, line 4: Delete "continues" Insert "continue"" ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1999-03-29 House Journal Page 0608 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 31, 1999. There being no objection, the House adjourned at 11:51 a.m. Suzi Lowell Chief Clerk