Legislature(1999 - 2000)
1999-03-31 House Journal
Full Journal pdf1999-03-31 House Journal Page 0613 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 31, 1999 Seventy-second Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:04 a.m. Roll call showed 39 members present. Representative Moses had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Connie Munro of the Juneau Unitarian Universalist Fellowship. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: May I, this morning of March 31st, hold the founder and editor of the Tundra Times, Howard Rock, to the light, lest we forget a purpose; his first published poem written in 1931 at the age of twenty. I also dedicate this to Representative Reggie Joule and his great-grandfather Tony Joule, the first Eskimo teacher hired by the Bureau of Indian Affairs and Howard Rock's first teacher and mentor. Tony was also the father of Reggie Joule, Sr., who was Howard Rock's best friend while attending the Episcopal school in Point Hope. The Loon Spirit of Wilderness Song of Desolation- Rover of the deep thy Mournful cry I hear. 1999-03-31 House Journal Page 0614 Through the still air, When the day is dying In the western sky; Thy monotonous cry Sounds long and drear. When dawn streaks the east, And my dreaming eyes Are scarcely awake Still I hear the cry Through the mum'ring sky. Child of the Desolate lands- Over the wildest Strands- The cry of distress can dart Cold chills through the stoutest heart. The Pledge of Allegiance was led by Representative Sanders. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 70th and 71st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Barnes introduced her grandson, Patrick Barnes, Guest Page, from Wasilla. Representative Coghill introduced Katherine Moss, Guest Page, from North Pole. Representative Ogan introduced Heather Richardson, Guest Page, from Wasilla and, his daughter, Laura Ogan, Guest Page, from Wasilla. MESSAGES FROM THE GOVERNOR SJR 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: 1999-03-31 House Journal Page 0615 SJR 5 SENATE JOINT RESOLUTION NO. 5 am Opposing the closure of the former Mount McKinley portions of Denali National Park and Preserve to snowmachine use. Legislative Resolve No. 3 MESSAGES FROM THE SENATE A message dated March 29, 1999, was read stating the Senate has accepted the House invitation to meet in joint session on April 8, 1999 at 10:00 a.m. (new time) to hear an address by the Honorable Ted Stevens, U.S. Senator. HJR 21 A message dated March 30, 1999, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 21 Relating to new evaluation and selection criteria for military base realignment and closure actions. HJR 21 was referred to the Chief Clerk for enrollment. HJR 12 A message dated March 30, 1999, was read stating the Senate has passed CSHJR 12(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation. CSHJR 12(FIN) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated March 29, 1999, was read stating the Senate has passed the following, and it is transmitted for consideration: 1999-03-31 House Journal Page 0616 SB 46 CS FOR SENATE BILL NO. 46(RLS) by the Senate Rules Committee, entitled: "An Act naming the Terry Miller Legislative Office Building." was read the first time and referred to the State Affairs Committee. REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Ed Flanagan as Commissioner of the Department of Labor. The report was signed by Representative Rokeberg, Chair; Representative Halcro, Vice-chair; and Representatives Sanders, Harris Cissna and Murkowski. The State Affairs Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Ruth G. Benson as a member of the State Commission for Human Rights. The report was signed by Representative James, Chair; and Representatives Ogan, Hudson, Smalley, Coghill, Whitaker and Kerttula. The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. 1999-03-31 House Journal Page 0617 HCR 3 The Transportation Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 3 Relating to use of passenger facility charges at the Anchorage International Airport. The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (3): Cowdery, Sanders, Masek No recommendation (4): Halcro, Kemplen, Kookesh, Hudson The following fiscal note applies: Zero fiscal note, House Transportation Committee/Dept. of Transportation and Public Facilities, 3/31/99 HCR 3 was referred to the Finance Committee. HJR 29 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 29 Relating to the division of the Ninth Circuit Court of Appeals. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (6): Croft, Murkowski, Green, Kott, James, Kerttula The following fiscal note applies to CSHJR 29(JUD): Zero fiscal note, House Judiciary Committee, 3/31/99 1999-03-31 House Journal Page 0618 HJR 29 HJR 29 was referred to the Rules Committee for placement on the calendar. HB 61 The Labor & Commerce Committee has considered: HOUSE BILL NO. 61 "An Act relating to an exemption from the requirement for payment for overtime under a voluntary written agreement for certain employees in the airline industry; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Rokeberg, Murkowski, Harris, Cissna, Halcro No recommendation (1): Sanders The following fiscal note applies: Zero fiscal note, Dept. of Labor, 3/31/99 HB 61 was referred to the Rules Committee for placement on the calendar. HB 108 The Transportation Committee has considered: HOUSE BILL NO. 108 "An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 108(TRA) (same title) 1999-03-31 House Journal Page 0619 HB 108 The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (5): Cowdery, Sanders, Halcro, Hudson, Masek The following fiscal notes apply to CSHB 108(TRA): Fiscal note, Dept. of Administration, 3/31/99 Zero fiscal note, Dept. of Public Safety, 3/31/99 Zero fiscal note, Dept. of Natural Resources, 3/31/99 HB 108 was referred to the Judiciary Committee. HB 127 The Labor & Commerce Committee has considered: HOUSE BILL NO. 127 "An Act relating to the sale of studded tires; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 127(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Sanders, Murkowski No recommendation (4): Rokeberg, Cissna, Harris, Halcro The following fiscal note applies to CSHB 127(L&C): Zero fiscal note, Dept. of Transportation & Public Facilities, 3/19/99 HB 127 was referred to the Rules Committee for placement on the calendar. 1999-03-31 House Journal Page 0620 HB 128 The Rules Committee has considered: HOUSE BILL NO. 128 "An Act relating to lease-purchases of personal property." and recommends it be replaced with: CS FOR HOUSE BILL NO. 128(RLS) (same title) The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do pass (6): Green, Phillips, Kott, Berkowitz, Joule, Cowdery The following fiscal notes apply to CSHB 128(RLS): Zero fiscal note, Alaska Court System, 3/16/99 Zero fiscal note, Dept. of Law, 3/16/99 HB 128 is on today's calendar. HB 133 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 133 "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date." The report was signed by Representative Harris, Co-chair, with the following individual recommendations: Do pass (3): Dyson, Harris, Halcro No recommendation (4): Joule, Kookesh, Morgan, Murkowski The following fiscal note applies: Zero fiscal note, Dept. of Community & Regional Affairs, 3/31/99 1999-03-31 House Journal Page 0621 HB 133 HB 133 was referred to the Finance Committee. HB 134 The Judiciary Committee has considered: 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." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Murkowski, Croft, Kott, Kerttula, Green The following fiscal notes apply: Zero fiscal note, Dept. of Administration, 3/31/99 Zero fiscal note, Dept. of Natural Resources, 3/31/99 HB 134 was referred to the Rules Committee for placement on the calendar. HB 147 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 147 "An Act relating to vulnerable adults; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 147(HES) (same title) The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (6): Morgan, Dyson, Coghill, Whitaker, Kemplen, Brice 1999-03-31 House Journal Page 0622 HB 147 The following fiscal note applies to CSHB 147(HES): Zero fiscal note, Dept. of Administration, 3/31/99 HB 147 was referred to the Judiciary Committee. SB 27 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 27(FIN) "An Act relating to school records and driver license records of certain children." The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (4): Morgan, Dyson, Whitaker, Coghill No recommendation (2): Brice, Kemplen The following fiscal notes apply: Senate indeterminate fiscal note, Dept. of Education, 2/25/99 Senate zero fiscal note, Dept. of Administration, 2/25/99 CSSB 27(FIN) was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HJR 20 The House Special Committee on Economic Development & Tourism has considered: HOUSE JOINT RESOLUTION NO. 20 Urging the Congress to amend the Internal Revenue Code of 1986 to eliminate the marriage penalty by providing that income tax rate bracket amounts, and the amount of the standard deduction, for joint returns shall be twice the amounts applicable to unmarried individuals. 1999-03-31 House Journal Page 0623 HJR 20 The report was signed by Representative Phillips, Chair, with the following individual recommendations: Do pass (5): Cissna, Halcro, Phillips, Rokeberg, Dyson No recommendation (1): Kerttula The following fiscal note applies: Zero fiscal note, House Special Committee on Economic Development & Tourism, 3/31/99 HJR 20 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The Aniak Halfbreeds Girls Basketball Team, 1A State Tournament and Academic Achievements By Representative Morgan Honoring - Samuel "Sam" Oliveri By Representative Rokeberg; Senator Pearce Honoring - Valdez High School Girls Varsity 1999 State Basketball Champions By Representative Harris; Senator Lincoln Honoring - Pat Ladner and the Alaska Aerospace Development Corporation By Senator Pearce Honoring - The Blue Devils, Mustang Hockey Association's Midget Tier II Team By Senator Phillips In Memoriam - Bonnie Craig By Representative Croft 1999-03-31 House Journal Page 0624 In Memoriam - Paul Sincic By Representatives Kerttula, Hudson; Senator Elton In Memoriam - Carol Ann Mack By Representative Davis INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 34 HOUSE JOINT RESOLUTION NO. 34 by Representatives Coghill and Barnes: Relating to the federal estate and gift taxes. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations. HJR 35 HOUSE JOINT RESOLUTION NO. 35 by Representatives Coghill, Barnes and Dyson: Relating to requesting the United States Congress to repeal the "Brady Handgun Protection Act". was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the Judiciary Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 166 HOUSE BILL NO. 166 by Representative Brice, entitled: "An Act relating to a mining extension division at the University of Alaska." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 1999-03-31 House Journal Page 0625 HB 167 HOUSE BILL NO. 167 by Representative Cowdery by request, entitled: "An Act relating to mobile home dealers." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 168 HOUSE BILL NO. 168 by Representative Green, entitled: "An Act relating to actions of the Department of Health and Social Services regarding certain health facility payments." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 169 HOUSE BILL NO. 169 by Representative Green, entitled: "An Act relating to including the costs of expansion activities and political activities in rates of electric cooperatives." was read the first time and referred to the House Special Committee on Utility Restructuring and the Labor & Commerce Committee. HB 170 HOUSE BILL NO. 170 by the House Special Committee on Oil & Gas, entitled: "An Act establishing the Alaska Gas Corporation, a public corporation, and providing for its structure, management, responsibilities, and operation." was read the first time and referred to the House Special Committee on Oil & Gas, the Resources and Finance Committees. HB 171 HOUSE BILL NO. 171 by the House Rules Committee by request of the Governor, entitled: 1999-03-31 House Journal Page 0626 HB 171 "An Act relating to scholarships to attend the University of Alaska; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. The following fiscal note applies: Fiscal note, University of Alaska, 3/31/99 The Governor's transmittal letter dated March 29, 1999, appears below: "Dear Speaker Porter: Last year we put into place my Quality Schools initiative which will improve Alaska's public school system through required standards and testing and enhanced funding. This year it is fitting we take the next step toward quality education by establishing the Alaska Scholars Program. I first proposed this program last year as an incentive for Alaska high school students to achieve academic excellence and to choose to remain in Alaska in pursuit of higher education. Today, I am re-introducing this measure with the same hopes it will offer our kids a great education and help build the state's future. Under the Alaska Scholars Program, scholarships would be awarded to the top 10 percent of high school students to attend the University of Alaska. A recipient could receive the scholarship for up to four years, provided he or she is successfully completing a full-time certificate or degree program. This program is also designed to provide maximum flexibility for students who may have additional financial aide and to allow recipients to benefit from the available federal tax credits. After I proposed this program last year, the University of Alaska decided to establish it administratively as a pilot project using the Natural Resources Fund. In order for the program to continue, it is essential it be established in law. This would remedy confidentiality requirements that now make it difficult for schools to release the names of the scholarship recipients and for the University to contact them. 1999-03-31 House Journal Page 0627 HB 171 While the Alaska Scholars Program fiscal note is showing no general fund expenditure, it may well be that the Legislature decides to appropriate general funds in the future. Meanwhile, the University is prepared to use earnings from the Natural Resource Endowment, but this does mean that funds are being diverted from other projects and programs that are also of great value to the University and to the State. I urge your prompt and favorable action on this measure as a means to continue our efforts in improving the quality of education in our state and expand access to higher levels of learning. Sincerely, /s/ Tony Knowles Governor" HB 172 HOUSE BILL NO. 172 by Representative Croft, entitled: "An Act establishing the office of victims' advocacy in the Department of Law; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence." was read the first time and referred to the Judiciary and Finance Committees. HB 173 HOUSE BILL NO. 173 by Representative Green, entitled: "An Act providing for preparation by the Alaska Legislative Council for redistricting before appointment of the Redistricting Board; and relating to preclearance under the Voting Rights Act of 1965, as amended." was read the first time and referred to the Judiciary and Finance Committees. 1999-03-31 House Journal Page 0628 HB 174 HOUSE BILL NO. 174 by Representative Sanders, entitled: "An Act relating to personal services contracts for certain employees of electric cooperatives." was read the first time and referred to the House Special Committee on Utility Restructuring and the Labor & Commerce Committee. HB 175 HOUSE BILL NO. 175 by Representatives Green and Dyson, entitled: "An Act requiring the Department of Health and Social Services to provide notice to a community council on receipt of an application for a license to operate a certain kind of foster group home." was read the first time and referred to the Health, Education & Social Services and Community & Regional Affairs Committees. HB 176 HOUSE BILL NO. 176 by Representative Green, entitled: "An Act relating to attorney fees and costs and the granting of public interest litigant status in proceedings related to administrative actions and inactions; and amending Rules 79 and 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." was read the first time and referred to the Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 83 The following was read the second time: HOUSE BILL NO. 83 "An Act relating to the licensing of, acts and practices of, notice 1999-03-31 House Journal Page 0629 HB 83 filings required of, duties of, registration of, capitalization of, financial requirements for, bonding of, coordinated securities examinations of, recordkeeping by, and documents filed by certain securities occupations; relating to public entity investment pools; relating to investment advisory contracts; relating to the examination of records of certain securities occupations; relating to federal covered securities; relating to the registration of securities; relating to the general exemptions for securities and transactions; relating to offers of securities on the Internet; relating to the confidentiality of investigative files under the Alaska Securities Act; relating to the payment by certain securities occupations of expenses and fees of investigations and examinations; relating to petitions to superior court by the administrator to reduce civil penalties to judgment; exempting certain violations of the Alaska Securities Act from criminal penalties; relating to time limitations in bringing court actions for violations of the Alaska Securities Act; relating to the affirmative defense of timeliness in court actions relating to securities; prohibiting certain lawsuits involving buyers of securities; relating to time limitations for bringing court actions involving the receipt of a written offer related to securities; relating to offers to repay buyers of securities; relating to notification of certain securities occupations regarding administrative hearings; relating to fees established by the administrator; relating to a sale, a purchase, or an offer to sell or purchase under the Alaska Securities Act; relating to the locations of offers to buy or sell; relating to consent to service; amending the Alaska Securities Act definitions of 'agent,' 'broker-dealer,' 'person,' 'Securities Act of 1933,' and 'security;' defining for purposes of the Alaska Securities Act 'advisory client,' 'advisory fee,' 'advisory services,' 'Bank Holding Company Act of 1956,' 'clients who are natural persons,' 'federal covered adviser,' 'federal covered security,' 'Federal Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment adviser representative,' 'Investment Advisers Act of 1940,' 'investment advisory business,' 'investment advisory contract,' 'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities Markets Improvement Act of 1996,' 'notice filing,' 'place of business,' 'principal place of business,' 'Securities Exchange Act of 1934,' 'securities business,' 'state investment adviser,' 'substantial portion of the business,' 'supervised person,' and 'viatical settlement'; 1999-03-31 House Journal Page 0630 HB 83 relating to the title of the Alaska Securities Act; relating to the definitions in the Alaska Securities Act of 'assignment' and 'investment adviser'; relating to implementation of the changes to the Alaska Securities Act; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 2DP 5NR 294 ZERO FISCAL NOTE (DCED) 296 JUD RPT CS(JUD) NT 7DP 424 ZERO FISCAL NOTE (DCED) 2/24/99 427 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 83(JUD) "An Act relating to the licensing of and revocation of licenses of, acts and practices of, notice filings required of, duties of, registration of, capitalization of, financial requirements for, bonding of, coordinated securities examinations of, recordkeeping by, and documents filed by certain securities occupations; relating to public entity investment pools; relating to investment advisory contracts; relating to the examination of records of certain securities occupations; relating to federal covered securities; relating to the registration of securities; relating to the general exemptions for securities and transactions; relating to offers of securities on the Internet; relating to the confidentiality of investigative files under the Alaska Securities Act; relating to the payment by certain securities occupations of expenses and fees of investigations and examinations; relating to petitions to superior court by the administrator to reduce civil penalties to judgment; exempting certain violations of the Alaska Securities Act from criminal penalties; relating to time limitations in bringing court actions for violations of the Alaska Securities Act; relating to the affirmative defense of timeliness in court actions relating to securities; prohibiting certain lawsuits involving buyers of securities; relating to time limitations for bringing court actions involving the receipt of a written offer related to securities; relating to offers to repay buyers of securities; relating to notification of certain securities occupations regarding 1999-03-31 House Journal Page 0631 HB 83 administrative hearings; relating to fees established by the administrator; relating to a sale, a purchase, or an offer to sell or purchase under the Alaska Securities Act; relating to the locations of offers to buy or sell; relating to consent to service; amending the Alaska Securities Act definitions of 'agent,' 'broker-dealer,' 'person,' 'Securities Act of 1933,' and 'security;' defining for purposes of the Alaska Securities Act 'advisory client,' 'advisory fee,' 'advisory services,' 'Bank Holding Company Act of 1956,' 'clients who are natural persons,' 'federal covered adviser,' 'federal covered security,' 'Federal Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment adviser representative,' 'Investment Advisers Act of 1940,' 'investment advisory business,' 'investment advisory contract,' 'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities Markets Improvement Act of 1996,' 'notice filing,' 'place of business,' 'principal place of business,' 'Securities Exchange Act of 1934,' 'securities business,' 'state investment adviser,' 'substantial portion of the business,' and 'supervised person'; relating to the title of the Alaska Securities Act; relating to the definitions in the Alaska Securities Act of 'assignment' and 'investment adviser'; relating to implementation of the changes to the Alaska Securities Act; and providing for an effective date." There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 83(JUD) would be moved to the bottom of the calendar. HB 128 The following was read the second time: HOUSE BILL NO. 128 "An Act relating to lease-purchases of personal property." with the: Journal Page L&C RPT 6DP 1NR 473 2 ZERO FNS (LAW, COURT) 473 RLS RPT CS(RLS) 6DP 620 2 ZERO FNS (LAW, COURT) 3/16/99 620 1999-03-31 House Journal Page 0632 HB 128 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 128(RLS) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 128(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 128(RLS) was read the third time. The question being: "Shall CSHB 128(RLS) pass the House?" The roll was taken with the following result: CSHB 128(RLS) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Moses Absent: Kerttula And so, CSHB 128(RLS) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 15 The following was read the second time: 1999-03-31 House Journal Page 0633 HJR 15 HOUSE JOINT RESOLUTION NO. 15 Relating to support for an "American Land Sovereignty Protection Act" in the United States Congress. with the: Journal Page WTR RPT CS(WTR) NT 5DP 363 ZERO FISCAL NOTE (H.WTR/ALL DEPTS) 363 RES RPT CS(RES) NT 4DP 1NR 546 ZERO FN (H.WTR/ALL DEPTS) 3/5/99 546 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. 15(RES) Relating to support for the "American Land Sovereignty Protection Act" in the United States Congress. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHJR 15(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 15(RES) was read the third time. The question being: "Shall CSHJR 15(RES) pass the House?" The roll was taken with the following result: CSHJR 15(RES) Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Therriault, Whitaker, Williams 1999-03-31 House Journal Page 0634 HJR 15 Nays: Berkowitz, Croft, Davies, Kapsner, Kerttula, Smalley Excused: Moses Absent: Kemplen, Rokeberg And so, CSHJR 15(RES) passed the House and was referred to the Chief Clerk for engrossment. HOUSE BILLS IN SECOND READING HB 83 The following, which had been read a second time and moved to the bottom of the calendar (page 631), was again before the House: CS FOR HOUSE BILL NO. 83(JUD) "An Act relating to the licensing of and revocation of licenses of, acts and practices of, notice filings required of, duties of, registration of, capitalization of, financial requirements for, bonding of, coordinated securities examinations of, recordkeeping by, and documents filed by certain securities occupations; relating to public entity investment pools; relating to investment advisory contracts; relating to the examination of records of certain securities occupations; relating to federal covered securities; relating to the registration of securities; relating to the general exemptions for securities and transactions; relating to offers of securities on the Internet; relating to the confidentiality of investigative files under the Alaska Securities Act; relating to the payment by certain securities occupations of expenses and fees of investigations and examinations; relating to petitions to superior court by the administrator to reduce civil penalties to judgment; exempting certain violations of the Alaska Securities Act from criminal penalties; relating to time limitations in bringing court actions for violations of the Alaska Securities Act; relating to the affirmative defense of timeliness in court actions relating to securities; prohibiting certain lawsuits involving buyers of securities; relating to time limitations for bringing court actions involving the receipt of a written offer related to securities; relating to offers to repay buyers of securities; relating to notification of certain securities occupations regarding 1999-03-31 House Journal Page 0635 HB 83 administrative hearings; relating to fees established by the administrator; relating to a sale, a purchase, or an offer to sell or purchase under the Alaska Securities Act; relating to the locations of offers to buy or sell; relating to consent to service; amending the Alaska Securities Act definitions of 'agent,' 'broker-dealer,' 'person,' 'Securities Act of 1933,' and 'security;' defining for purposes of the Alaska Securities Act 'advisory client,' 'advisory fee,' 'advisory services,' 'Bank Holding Company Act of 1956,' 'clients who are natural persons,' 'federal covered adviser,' 'federal covered security,' 'Federal Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment adviser representative,' 'Investment Advisers Act of 1940,' 'investment advisory business,' 'investment advisory contract,' 'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities Markets Improvement Act of 1996,' 'notice filing,' 'place of business,' 'principal place of business,' 'Securities Exchange Act of 1934,' 'securities business,' 'state investment adviser,' 'substantial portion of the business,' and 'supervised person'; relating to the title of the Alaska Securities Act; relating to the definitions in the Alaska Securities Act of 'assignment' and 'investment adviser'; relating to implementation of the changes to the Alaska Securities Act; and providing for an effective date." Amendment No. 1 was offered by Representative Rokeberg: Page 1, line 1, through page 3, line 1 (title amendment): Delete all material. Insert ""An Act relating to certain securities occupations and investment pools; relating, with regard to the Alaska Securities Act, to federal covered securities, the registration of securities, the general exemptions for securities and transactions, Internet offers of securities and transactions, file confidentiality, court petitions for civil penalty judgments, penalties for wilful violations, time limits for bringing court actions for violations, administrator-established fees and administrator-required reimbursements, consent to service, title, sales, purchases, offers to sell, and offers to purchase; exempting certain violations of the Alaska Securities Act from certain penalties; amending or repealing certain current definitions in the Alaska Securities Act; providing new Alaska Securities Act definitions for certain securities occupations, for certain federal statutes, 1999-03-31 House Journal Page 0636 HB 83 and for the terms 'advisory client,' 'advisory fee,' 'advisory services,' 'clients who are natural persons,' 'federal covered security,' 'investment advisory business,' 'investment advisory contract,' 'NASDAQ,' 'notice filing,' 'place of business,' 'principal place of business,' 'securities business,' 'substantial portion of the business,' and 'supervised person'; and providing for an effective date."" Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Croft objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 83(JUD) Second Reading Amendment No. 1 YEAS: 20 NAYS: 19 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Coghill, Davis, Dyson, Foster, Green, Harris, James, Kohring, Kott, Masek, Mulder, Ogan, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Grussendorf, Halcro, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Murkowski, Phillips, Smalley Excused: Moses And so, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 83(JUD)(title am) "An Act relating to certain securities occupations and investment pools; relating, with regard to the Alaska Securities Act, to federal covered securities, the registration of securities, the general exemptions for securities and transactions, Internet offers of securities and transactions, file confidentiality, court petitions for civil penalty judgments, penalties for wilful violations, time limits 1999-03-31 House Journal Page 0637 HB 83 for bringing court actions for violations, administrator-established fees and administrator-required reimbursements, consent to service, title, sales, purchases, offers to sell, and offers to purchase; exempting certain violations of the Alaska Securities Act from certain penalties; amending or repealing certain current definitions in the Alaska Securities Act; providing new Alaska Securities Act definitions for certain securities occupations, for certain federal statutes, and for the terms 'advisory client,' 'advisory fee,' 'advisory services,' 'clients who are natural persons,' 'federal covered security,' 'investment advisory business,' 'investment advisory contract,' 'NASDAQ,' 'notice filing,' 'place of business,' 'principal place of business,' 'securities business,' 'substantial portion of the business,' and 'supervised person'; and providing for an effective date." Representative Green moved and asked unanimous consent that CSHB 83(JUD)(title am) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 83(JUD)(title am) will be in third reading on the April 7, 1999, calendar. 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 - Mary Johnstone, 1998 Milken Family Foundation National Educator Award for Excellence in Education By Senator Donley; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams 1999-03-31 House Journal Page 0638 In Memoriam - Claire Fejes, Alaskan Artist and Author By Representatives Brice, Porter, Austerman, Berkowitz, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams CONCUR IN SENATE AMENDMENTS HB 76 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 579) on the following at this time: CS FOR HOUSE BILL NO. 76(RLS) am "An Act relating to an exemption from and deferral of payment on municipal taxes on deteriorated property; and providing for an effective date." and CS FOR HOUSE BILL NO. 76(RLS) am S (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 76(RLS) am, thus adopting CSHB 76(RLS) amS, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 76(RLS) am?" The roll was taken with the following result: CSHB 76(RLS) am S Concur YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams 1999-03-31 House Journal Page 0639 HB 76 Nays: Davies Excused: Moses Absent: Rokeberg And so, the House concurred in the Senate amendment, thus adopting CSHB 76(RLS) am S. 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. The Chief Clerk was instructed to so notify the Senate. CSHB 76(RLS) am S was referred to the Chief Clerk for enrollment. HJR 12 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 615) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHJR 12(FIN), thus adopting SCS CSHJR 12(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 12(FIN)?" The roll was taken with the following result: 1999-03-31 House Journal Page 0640 HJR 12 SCS CSHJR 12(FIN) Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, 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, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Moses Absent: Rokeberg And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 12(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSHJR 12(FIN) was referred to the Chief Clerk for enrollment. 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 Coghill - from 6:00 p.m., April 1 to 9:30 a.m., plane time, April 6, 1999 (amended from page 518) Representative Davies - from 7:21 p.m., March 31 to 1:39 p.m., plane time, April 6, 1999 Representative Brice - from 7:15 a.m., April 1 to 9:33 a.m., plane time, April 6, 1999 Representative Kemplen - from 1:23 p.m., April 9 to 8:00 a.m., plane time, April 12, 1999 1999-03-31 House Journal Page 0641 Representative Kemplen - from 3:03 p.m., April 16 to 9:33 a.m., plane time, April 19, 1999 Representative Kemplen - from 1:23 p.m., April 23 to 8:00 a.m., plane time, April 26, 1999 Representative Kott - from 2:29 p.m., March 31 to 9:30 a.m., plane time, April 6, 1999 (amended from page 202) Representative Kapsner - from 7:00 a.m., April 1 to 7:00 p.m., plane time, April 1, 1999 Representative Murkowski - from 7:15 a.m., April 1 to 9:20 p.m., plane time, April 6, 1999 (amended from page 606) Representative Therriault - from 7:31 a.m., April 2 to 9:20 p.m., plane time, April 5, 1999 Representative Masek - from 1:23 p.m., March 31 to 9:33 a.m., plane time, April 7, 1999 (amended from page 146) Representative Moses - from 7:12 a.m., March 29 to 9:30 p.m., plane time, April 6, 1999 (amended from page 593) HJR 15 Representatives Bunde, Austerman and Therriault added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to support for the "American Land Sovereignty Protection Act" in the United States Congress. 1999-03-31 House Journal Page 0642 HB 128 Representatives Croft and Kemplen added their names as cosponsors to: CS FOR HOUSE BILL NO. 128(RLS) "An Act relating to lease-purchases of personal property." HB 146 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 146 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." HB 159 Representative Smalley added his name as cosponsor to: HOUSE BILL NO. 159 "An Act granting certain employees in correctional facilities status as peace officers under the public employees' retirement system." ENGROSSMENT HJR 15 CSHJR 15(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 128 CSHB 128(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 80 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 30, 1999: 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." 1999-03-31 House Journal Page 0643 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Finance Subcommittee University of Alaska Room 124 2:45 p.m., 3/31 Majority Caucus Speaker's Chamber upon adj., 3/31 Minority Caucus upon adj., 3/31 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 1, 1999, for a technical session. There being no objection, the House adjourned at 11:52 a.m. Suzi Lowell Chief Clerk