Legislature(1999 - 2000)
1999-04-09 House Journal
Full Journal pdf1999-04-09 House Journal Page 0697 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 9, 1999 Eighty-first Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:06 a.m. Roll call showed 39 members present. Representative Joule had been previously excused from a call of the House today. The invocation was offered by Pastor Greg Lindsay of the Northern Light United Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: With respect for the faith life of each person here, let us pray: Holy One, calm our spirits this morning with a grace that frees us; frees us for acts of kindness, frees us to act for justice, frees us to be the persons that You've created us to be. We pray and remember the places in our world this morning torn by violence, we pray for refugees, for children, and we pray for peace. We pray for all who are forced into harm's way. Awaken us, gentle God, to the beauty always present in this place and in each person, beauty that is sometimes hidden under clouds or behind shadows. Help us discover this morning Your beauty which is present with us always. Amen The Pledge of Allegiance was led by Representative Cowdery. 1999-04-09 House Journal Page 0698 CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 80th legislative day and Senate & House Joint Journal Supplement No. 7 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated April 8, 1999, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 33 CS FOR SENATE BILL NO. 33(FIN) by the Senate Finance Committee, entitled: "An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. SB 42 CS FOR SENATE BILL NO. 42(JUD) by the Senate Judiciary Committee, entitled: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." was read the first time and referred to the Judiciary Committee. SB 98 SENATE BILL NO. 98 by Senator Green, entitled: "An Act relating to teacher tenure." 1999-04-09 House Journal Page 0699 SB 98 was read the first time and referred to the Health, Education & Social Services Committee. REPORTS OF STANDING COMMITTEES HJR 27 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 27 Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Hudson, Coghill, Whitaker No recommendation (1): Smalley Amend (1): Kerttula The following fiscal note applies to CSHJR 27(STA): Zero fiscal note, House Special Committee on World Trade and State/Federal Relations, 4/1/99 HJR 27 was referred to the Rules Committee for placement on the calendar. HB 82 The Judiciary Committee has considered: HOUSE BILL NO. 82 "An Act relating to immunity for certain claims arising out of or 1999-04-09 House Journal Page 0700 HB 82 in connection with the year 2000 date change; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 82(JUD) "An Act relating to certain claims arising out of or in connection with the year 2000 date change; amending Rule 23, Alaska Rules of Civil Procedure; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Murkowski, Rokeberg, Kott No recommendation (2): Croft, Kerttula The following fiscal notes apply to CSHB 82(JUD): Zero fiscal note, Alaska Court System, 3/5/99 Zero fiscal note, Dept. of Law, 3/5/99 HB 82 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HJR 33 The House Special Committee on World Trade and State/Federal Relations has considered: HOUSE JOINT RESOLUTION NO. 33 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. The report was signed by Representative Barnes, Chair, with the following individual recommendations: 1999-04-09 House Journal Page 0701 HJR 33 Do pass (5): Green, Phillips, Masek, Cowdery, Barnes No recommendation (2): Joule, Berkowitz The following fiscal note applies: Zero fiscal note, House Special Committee on World Trade and State/Federal Relations, 4/9/99 HJR 33 was referred to the Rules Committee for placement on the calendar. HJR 34 The House Special Committee on World Trade and State/Federal Relations has considered: HOUSE JOINT RESOLUTION NO. 34 Relating to the federal estate and gift taxes. The report was signed by Representative Barnes, Chair, with the following individual recommendations: Do pass (4): Cowdery, Green, Masek, Barnes No recommendation (2): Joule, Phillips The following fiscal note applies: Zero fiscal note, House Special Committee on World Trade and State/Federal Relations, 4/9/99 HJR 34 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: 1999-04-09 House Journal Page 0702 Honoring - Edgar Paul Boyko, Attorney General Emeritus and Keeper of the Alaskan Dream By Representative Berkowitz Honoring - University of Alaska Fairbanks Rifle Team By Senator Wilken; Representatives Brice, Davies In Memoriam - Robert "Bob" Manners By Representatives Smalley, Brice, Kerttula; Senator Elton INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 183 HOUSE BILL NO. 183 by the House Special Committee on Utility Restructuring, entitled: "An Act relating to the powers and duties of the chair of the Alaska Public Utilities Commission; relating to membership on the Alaska Public Utilities Commission; and relating to the annual report of the Alaska Public Utilities Commission." was read the first time and referred to the House Special Committee on Utility Restructuring and the Labor & Commerce Committee. HB 184 HOUSE BILL NO. 184 by Representatives Kerttula and Brice, entitled: "An Act granting certain juvenile detention or juvenile correctional institution employees status as peace officers under the public employees' retirement system; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 185 HOUSE BILL NO. 185 by Representative Ogan, entitled: "An Act exempting certain small water utilities from regulation by the Alaska Public Utilities Commission." 1999-04-09 House Journal Page 0703 HB 185 was read the first time and referred to the House Special Committee on Utility Restructuring and the Labor & Commerce Committee. HB 186 HOUSE BILL NO. 186 by the Health, Education & Social Services Committee, entitled: "An Act allowing the disclosure of reports with regard to inspection and investigations of certain health care facilities, home health agencies, hospice programs, and assisted living homes; authorizing the Department of Health and Social Services to license home health agencies; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 187 HOUSE BILL NO. 187 by the Health, Education & Social Services Committee, entitled: "An Act relating to the certificate of need program for nursing care facilities and other facilities; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 188 HOUSE BILL NO. 188 by Representative Bunde, entitled: "An Act imposing a 30-day residency requirement before a person is eligible to be included on an application for assistance under the Alaska temporary assistance program, with an exception for newborn children." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. 1999-04-09 House Journal Page 0704 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 61 The following was read the second time: 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." with the: Journal Page L&C RPT 5DP 1NR 618 ZERO FISCAL NOTE (LABOR) 618 Representative Green moved and asked unanimous consent that HB 61 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 61 was read the third time. The question being: "Shall HB 61 pass the House?" The roll was taken with the following result: HB 61 Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Brice Excused: Joule 1999-04-09 House Journal Page 0705 HB 61 Absent: Croft, Moses And so, HB 61 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 61 was referred to the Chief Clerk for engrossment. HB 78 The following was read the second time: HOUSE BILL NO. 78 "An Act relating to transfer of a vehicle title by the owner; and providing for an effective date." with the: Journal Page TRA RPT CS(TRA) 5DP 468 2 ZERO FNS (ADM, DEC) 469 STA REFERRAL WAIVED 483 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. 78(TRA) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 78(TRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 78(TRA) was read the third time. The question being: "Shall CSHB 78(TRA) pass the House?" The roll was taken with the following result: 1999-04-09 House Journal Page 0706 HB 78 CSHB 78(TRA) 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, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule Absent: Moses And so, CSHB 78(TRA) 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 78(TRA) was referred to the Chief Clerk for engrossment. HB 127 The following was read the second time: HOUSE BILL NO. 127 "An Act relating to the sale of studded tires; and providing for an effective date." with the: Journal Page TRA RPT 5DP 1NR 511 ZERO FISCAL NOTE (DOT) 511 L&C RPT CS(L&C) 2DP 4NR 619 ZERO FISCAL NOTE (DOT) 3/19/99 619 1999-04-09 House Journal Page 0707 HB 127 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. 127(L&C) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Davies and Brice: Page 1, line 8, following "vehicle": Insert "or to a stud installed on a tire to be used north of 64 North latitude" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Barnes objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 127(L&C) Second Reading Amendment No. 1 YEAS: 19 NAYS: 19 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Cissna, Davies, Davis, Dyson, Grussendorf, Harris, James, Kapsner, Kemplen, Kerttula, Kookesh, Porter, Rokeberg, Smalley, Therriault, Whitaker Nays: Austerman, Barnes, Coghill, Cowdery, Croft, Foster, Green, Halcro, Hudson, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Williams Excused: Joule Absent: Moses 1999-04-09 House Journal Page 0708 HB 127 Kott changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Representative Green moved and asked unanimous consent that CSHB 127(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 127(L&C) will be in third reading on the April 12, 1999, calendar. HB 134 The following was read the second time: 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." with the: Journal Page JUD RPT 5DP 621 2 ZERO FISCAL NOTES (ADM, DNR) 621 Representative Green moved and asked unanimous consent that HB134 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 134 was read the third time. Representative Ogan moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Ogan was required to vote. 1999-04-09 House Journal Page 0709 HB 134 The question being: "Shall HB 134 pass the House?" The roll was taken with the following result: HB 134 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, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule And so, HB 134 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Carlos Boozer, High School Basketball All-American By Representatives Hudson, Kerttula, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams; Senator Elton Honoring - Sand Point 'Eagles' Boys Basketball Team, 1999 1A State Champions By Representatives Moses, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams; Senator Hoffman 1999-04-09 House Journal Page 0710 Honoring - Edward B. Rasmuson, 1999 Alaskan of the Year By Representatives Berkowitz, Porter, Austerman, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Williams Honoring - Okalena Morgan, 1998 Milken Family Foundation, National Educator Award for Excellence in Education By Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Williams; Senator Lincoln In Memoriam - Helyn Compeau By Senators Pete Kelly, Wilken, Miller; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams RECONSIDERATION HB 114 Representative Dyson brought up reconsideration of the vote on HB114 (page 691). The following was again before the House in third reading: HOUSE BILL NO. 114 "An Act repealing the prohibition against the taking of antlerless moose." Representative Dyson moved and asked unanimous consent that the reconsideration of HB 114 be held to the April 12, 1999, calendar. Objection was heard. 1999-04-09 House Journal Page 0711 HB 114 The question being: "Shall the reconsideration of HB 114 be held to the April 12, 1999, calendar?" The roll was taken with the following result: HB 114--RECONSIDERATION Third Reading Hold to April 12, 1999, Calendar YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Grussendorf, James, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley, Whitaker Nays: Austerman, Barnes, Bunde, Davis, Foster, Green, Halcro, Harris, Hudson, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Excused: Joule And so, the motion failed. The question to be reconsidered: "Shall HB 114 pass the House?" The roll was taken with the following result: HB 114--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davies, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Cissna, Dyson, Grussendorf, Kapsner, Kerttula, Kookesh, Moses, Smalley Excused: Joule 1999-04-09 House Journal Page 0712 HB 114 And so, HB 114 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 136 Representative Phillips, Chair, moved and asked unanimous consent that the referral to the House Special Committee on Economic Development & Tourism be waived for the following: HOUSE BILL NO. 136 "An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date." Representative Berkowitz objected and withdrew the objection. There being no further objection, the Speaker waived the House Special Committee on Economic Development & Tourism referral. HB 136 was removed from the House Special Committee on Economic Development & Tourism and referred to the Labor & Commerce Committee. UNFINISHED BUSINESS (Continued) 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 Masek - from 1:23 p.m., April 9 to 9:33 a.m., plane time, April 12, 1999 Representative Masek - from 1:23 p.m., April 16 to 9:33 a.m., plane time, April 19, 1999 Representative Kott - from 7:15 a.m., April 16 to 9:20 p.m., plane time, April 18, 1999 Representative Ogan - from 7:15 a.m., April 17 to 9:30 p.m., plane time, April 19, 1999 1999-04-09 House Journal Page 0713 Representative Bunde - from 7:15 a.m., May 4 to 9:50 p.m., plane time, May 5, 1999 HB 37 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 37 "An Act relating to smoking education and cessation programs administered by the Department of Health and Social Services." HB 37 was removed from the Rules Committee and referred to the Finance Committee. HJR 32 Representative Smalley added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 32 Requesting Exxon Corporation to pay claimants for damages resulting from the Exxon Valdez oil spill. HB 61 Representatives Smalley and Rokeberg added their names as cosponsors to: 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." HB 78 Representative Smalley added his name as cosponsor to: CS FOR HOUSE BILL NO. 78(TRA) "An Act relating to transfer of a vehicle title by the owner; and providing for an effective date." HB 134 Representatives Smalley and Murkowski added their names as cosponsors to: 1999-04-09 House Journal Page 0714 HB 134 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." ENGROSSMENT HB 61 HB 61 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 78 CSHB 78(TRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 114 HB 114 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 134 HB 134 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 28 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 9:35 a.m., April 9, 1999: CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) Requesting that the National Marine Fisheries Service and the United States Congress act immediately to reverse the decline of the Cook Inlet beluga whale population and to regulate the harvest of the beluga whales in Cook Inlet until the beluga whale population has recovered. 1999-04-09 House Journal Page 0715 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 1:00 p.m., 4/11 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 12, 1999. There being no objection, the House adjourned at 11:46 a.m. Suzi Lowell Chief Clerk