Legislature(1999 - 2000)
1999-04-07 House Journal
Full Journal pdf1999-04-07 House Journal Page 0665 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 7, 1999 Seventy-ninth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:05 a.m. Roll call showed 36 members present. Representatives Brice, Croft and Therriault were absent and their presence was noted later. Representative Green moved and asked unanimous consent that Representative Masek's previous excuse (page 641) be extended through 5:00 p.m., today. There being no objection, it was so ordered. The invocation was offered by Pastor Greg Lindsay of the Northern Light United Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: With deepest respect for the faith life of each person here, let us pray: Gracious and loving God, we give You thanks for this day. May we spend it as a gift to be shared. May the greatness of what You have given to us be revealed as the day is unwrapped before us. May Your grace, Your forgiveness, Your healing, and Your hope be as much a part of this new day as paperwork, meetings and agendas. Renew us for the work that we have to do. Fill us with courage to do what is right, and enough humility not to always think we know when we are right. Gracious God, thank You for the gift of this new day. Amen 1999-04-07 House Journal Page 0666 The Pledge of Allegiance was led by Representative Kohring. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 72nd, 73rd, 74th, 75th, 76th, 77th and 78th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A message dated April 1, 1999, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the House Special Committee on Fisheries and the Resources Committee: Board of Fisheries Dan K. Coffey - Anchorage Appointed: 02/12/96 Reappointed: 03/30/99 Expires: 06/30/02 Grant J. Miller - Sitka Appointed: 02/12/96 Reappointed: 03/30/99 Expires: 06/30/02 Virgil L. Umphenour - Fairbanks Appointed: 07/22/94 Reappointed: 02/12/96, 03/30/99 Expires: 06/30/02 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE A message dated March 31, 1999, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 51 CS FOR SENATE BILL NO. 51(L&C) by the Senate Labor & Commerce Committee, entitled: 1999-04-07 House Journal Page 0667 SB 51 "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. SB 87 CS FOR SENATE BILL NO. 87(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act requiring a license to sell rental car insurance." was read the first time and referred to the Labor & Commerce Committee. COMMUNICATIONS The following report was received: Dept. of Revenue Alaska Permanent Fund Dividend Division 1998 Annual Report REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: James Rothmeyer as a member of the Board of Dispensing Opticians. The report was signed by Representatives Dyson and Coghill, Co- chairs; and Representatives Morgan and Green. 1999-04-07 House Journal Page 0668 The report did not reflect an intent by any of the members to vote for or against the named individual during any further sessions for the purposes of confirmation. SB 48 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 48(HES) "An Act relating to health insurance provided by and provisions relating to the Comprehensive Health Insurance Association." The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (4): Green, Morgan, Coghill, Dyson The following fiscal note applies to CSSB 48(HES): Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/25/99 CSSB 48(HES) was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Vera Gazaway By Representatives Kerttula, Hudson; Senator Elton Honoring - International Arctic Research Center By Representative Davies Honoring - Exxon Corporation In Partnership With Far East Marine Company and University of Alaska's Mining and Petroleum Training Service By Representative Barnes Honoring - Rhonda Curwen-Boyles, 1999 Business Leader of the Year By Senator Wilken 1999-04-07 House Journal Page 0669 Commemorating - National Correctional Officers' Week, May 2-8, 1999 By Senator Torgerson Recognizing - Tartan Day, April 6, 1999 By Senator Parnell Honoring - Grace Christian School Boys Basketball Team, 3-A State Tournament, Academic and Sportsmanship Awards By Senator Parnell In Memoriam - Bob D. James By Representative Phillips In Memoriam - George Miscovich By Representative Brice In Memoriam - Lawrence Urbach By Senator Torgerson and Honoring - Mary and Will Arthur, Senate Sergeants-at-Arms By Senators Tim Kelly, Pearce, Miller, Mackie, Adams, Hoffman, Phillips, Lincoln which was taken up later as a Special Order of Business. **The presence of Representative Croft was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 14 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO.14 by Representative Phillips: Relating to the National Museum of Women's History and the National Museum of Women's History Alaska Council. 1999-04-07 House Journal Page 0670 HJR 14 was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the State Affairs Committee. HJR 36 HOUSE JOINT RESOLUTION NO. 36 by Representatives Dyson and Ogan: Relating to rejecting the conclusions in a recent article published by the American Psychological Association that suggests that sexual relationships between adults and children might be positive for children; and urging the President of the United States and the United States Congress to similarly reject these conclusions. was read the first time and referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 177 HOUSE BILL NO. 177 by Representative Dyson, entitled: "An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors' records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 178 HOUSE BILL NO. 178 by Representative Kott, entitled: "An Act relating to removing solid waste collection and disposal service from regulation by the Alaska Public Utilities Commission; 1999-04-07 House Journal Page 0671 HB 178 requiring certain municipalities, and permitting other municipalities, to regulate solid waste collection and disposal service within the municipal boundaries; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Labor & Commerce and Finance Committees. HB 179 HOUSE BILL NO. 179 by Representatives Coghill and Sanders, entitled: "An Act eliminating the Alaska Public Offices Commission and all campaign contribution and expenditure limits; repealing lobbying and conflict of interest statutes administered by the Alaska Public Offices Commission; relating to the definition of 'lobby,' 'lobbying,' and 'lobbyist'; repealing the required annual financial disclosures program administered by the Alaska Public Offices Commission; repealing the conflict of interest statutes administered by the Alaska Public Offices Commission; relating to reporting of campaign contributions and expenditures; amending the definition of 'contribution,' 'group,' and 'political party'; changing the residency requirements for candidates for public offices; and providing for criminal penalties for violation of these provisions." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 180 HOUSE BILL NO. 180 by Representative Cowdery, entitled: "An Act relating to the possession, manufacture, use, display, or delivery of controlled substances while children are present." was read the first time and referred to the Judiciary and Finance Committees. 1999-04-07 House Journal Page 0672 Without objection, the House advanced to: UNFINISHED BUSINESS HB 131 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 131 "An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge." HB 131 was removed from the Rules Committee and referred to the Finance Committee. SB 27 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: CS FOR SENATE BILL NO. 27(FIN) "An Act relating to school records and driver license records of certain children." CSSB 27(FIN) is in the Judiciary Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 101 The following was read the second time: HOUSE BILL NO. 101 "An Act relating to the reinstatement of corporations that are public utilities; and providing for an effective date." with the: Journal Page URS RPT 3DP 1NR 3AM 407 ZERO FISCAL NOTE (DCED) 407 L&C RPT CS(L&C) NT 6DP 1NR 509 ZERO FISCAL NOTE (DCED) 3/10/99 510 1999-04-07 House Journal Page 0673 HB 101 **The presence of Representative Therriault was noted. 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. 101(L&C) "An Act relating to the mailing requirements that must be followed by the commissioner of commerce and economic development to involuntarily dissolve certain organized entities; relating to the reinstatement of corporations that are public utilities and that have been involuntarily dissolved; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 101(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 101(L&C) was read the third time. **The presence of Representative Brice was noted. The question being: "Shall CSHB 101(L&C) pass the House?" The roll was taken with the following result: CSHB 101(L&C) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 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, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Masek And so, CSHB 101(L&C) passed the House. 1999-04-07 House Journal Page 0674 HB 101 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. CSHB 101(L&C) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 83 The following, which was advanced to third reading from the March31, 1999, calendar (page 637), was read the third time: 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 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." A title amendment, which amends Amendment No. 1 (page 635), was offered by Representatives Rokeberg and Berkowitz: 1999-04-07 House Journal Page 0675 HB 83 Line 5, following "confidentiality,": Delete "court petitions for civil penalty judgments, penalties for wilful violations," Insert "petitions to superior court by the administrator to reduce civil penalties to judgment," Line 11, following "from": Delete "certain" Insert "criminal" Representative Rokeberg moved and asked unanimous consent that the title amendment be adopted. There being no objection, it was so ordered 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, petitions to superior court by the administrator to reduce civil penalties to judgment, 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 criminal 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." The question being: "Shall CSHB 83(JUD)(title am) pass the House?" The roll was taken with the following result: 1999-04-07 House Journal Page 0676 HB 83 CSHB 83(JUD)(title am) 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, Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Masek Absent: Moses And so, CSHB 83(JUD)(title am) 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. CSHB 83(JUD)(title am) was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - The Aniak Halfbreeds Girls Basketball Team, 1A State Tournament and Academic Achievements By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 1999-04-07 House Journal Page 0677 Honoring - Samuel "Sam" Oliveri By Representatives Rokeberg, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams; Senator Pearce Honoring - Valdez High School Girls Varsity 1999 State Basketball Champions By Representatives Harris, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - Pat Ladner and the Alaska Aerospace Development Corporation By Senator Pearce; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - The Blue Devils, Mustang Hockey Association's Midget Tier II Team By Senator Phillips; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Bonnie Craig By Representatives Croft, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 1999-04-07 House Journal Page 0678 In Memoriam - Paul Sincic By Representatives Kerttula, Hudson, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kott, Morgan, Mulder, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Elton In Memoriam - Carol Ann Mack By Representatives Davis, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS Representative Green moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kott - from 7:15 a.m., April 10 to morning plane time, April 12, 1999 Representative Sanders - from adjournment, April 9 to 9:30 a.m., plane time, April 12, 1999 Representative Joule - from 8:55 a.m., April 9 to 9:20 p.m., plane time, April 11, 1999 SPECIAL ORDER OF BUSINESS Representative Green moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Mary and Will Arthur, Senate Sergeants-at-Arms, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. 1999-04-07 House Journal Page 0679 Representative Green moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Mary and Will Arthur, Senate Sergeants-at-Arms By Senators Tim Kelly, Pearce, Miller, Mackie, Adams, Hoffman, Phillips, Lincoln; Representatives Porter, 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, Moses, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams UNFINISHED BUSINESS HB 101 Representative Harris added his name as cosponsor to: CS FOR HOUSE BILL NO. 101(L&C) "An Act relating to the mailing requirements that must be followed by the commissioner of commerce and economic development to involuntarily dissolve certain organized entities; relating to the reinstatement of corporations that are public utilities and that have been involuntarily dissolved; and providing for an effective date." HB 134 Representative Harris added his 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." HB 155 Representative Phillips added her name as cosponsor to: HOUSE BILL NO. 155 "An Act relating to municipal assembly forms of representation and apportionment." 1999-04-07 House Journal Page 0680 HB 166 Representative Phillips added her name as cosponsor to: HOUSE BILL NO. 166 "An Act relating to a mining extension division at the University of Alaska." SB 77 Representative Dyson added his name as cross sponsor to: CS FOR SENATE BILL NO. 77(JUD) "An Act prohibiting certain civil actions against firearms or ammunition manufacturers and dealers." ENGROSSMENT HB 83 CSHB 83(JUD)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 101 CSHB 101(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 12 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 2:10 p.m., April 7, 1999: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation. HJR 21 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 2:10 p.m., April 7, 1999: 1999-04-07 House Journal Page 0681 HJR 21 HOUSE JOINT RESOLUTION NO. 21 Relating to new evaluation and selection criteria for military base realignment and closure actions. HB 76 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 2:10 p.m., April 7, 1999: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 11:30 a.m., 4/7 Joint Session U.S. Senator Ted Stevens' address 10:00 a.m., 4/8 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 9:45 a.m., April 8, 1999. There being no objection, the House adjourned at 11:21 a.m. Suzi Lowell Chief Clerk