Legislature(1999 - 2000)

1999-04-14 House Journal

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1999-04-14                     House Journal                      Page 0805
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                     Wednesday            April 14, 1999         
                                                                               
                               Eighty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:11 a.m.                                                           
                                                                               
                                                                               
Roll call showed 38 members present.  Representatives Mulder and               
Therriault were absent and their presence was noted later.                     
                                                                               
                                                                               
The invocation was offered by the Chaplain, Marie Helm, Christian              
Science Practitioner.  Representative Green moved and asked                    
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
	From Proverbs 24:                                                             
Through wisdom is an house builded; and by understanding it                   
is established; and by knowledge shall the chambers be filled                  
with all precious and pleasant riches.                                         
                                                                               
Dear Father-Mother,                                                           
                                                                               
Guide us today to judge rightly and follow the soundest                       
course in each decision and task we undertake.  From Your                      
wisdom, inspire us with fresh ideas which look beyond the                      
limitations of conventional thinking.  Let this divine                         
inspiration guide our work and lead us into enduring                           
prosperity and peace which blesses everyone.  Amen                             
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Moses.                      
                                                                               

1999-04-14                     House Journal                      Page 0806
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 85th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HB 80                                                                        
A message dated April 13, 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:               
                                                                               
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."                                         
                                                                               
Chapter No. 7, SLA 1999                                                       
Effective Date:  July 12, 1999                                                
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 10                                                                        
A message dated April 13, 1999, was read stating the Senate has                
passed:                                                                        
                                                                               
HOUSE BILL NO. 10                                                             
"An Act extending the termination date of the Board of Certified              
Direct-Entry Midwives; and providing for an effective date."                   
                                                                               
HB 10 was referred to the Chief Clerk for enrollment.                          
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
A message dated April 13, 1999, was read stating the Senate has                
passed the following, and it is transmitted for consideration:                 
                                                                               

1999-04-14                     House Journal                      Page 0807
SB 102                                                                       
SENATE BILL NO. 102 by Senators Lincoln, Mackie, Leman, Taylor,                
Miller, Wilken, Parnell, Pete Kelly, Adams, Ward, Elton, Tim Kelly,            
Ellis, Green and Donley, entitled:                                             
                                                                               
"An Act designating the State Trooper Bruce A. Heck Memorial                  
Corridor."                                                                     
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
**The presence of Representative Mulder was noted.                             
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
University of Alaska Fairbanks                                                 
College of Rural Alaska                                                        
1998 Report                                                                    
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 26                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 26                                                 
Relating to establishing maritime boundaries with Canada.                     
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 26(WTR)                                     
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Coghill, Ogan                                             
                                                                               
No recommendation (3):  Smalley, Kerttula, Hudson                              

1999-04-14                     House Journal                      Page 0808
HJR 26                                                                       
The following fiscal note applies to CSHJR 26(WTR):                            
                                                                               
Zero fiscal note, House Special Committee on World Trade and                   
State/Federal Relations, 4/6/99                                                
                                                                               
HJR 26 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 74                                                                        
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 74                                                             
"An Act relating to salary caps and to the power to transfer certain          
positions to the classified service and entitlement to longevity               
increments for certain state officials."                                       
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  Ogan                                                             
                                                                               
Do not pass (2):  Smalley, Kerttula                                            
                                                                               
No recommendation (3):  James, Coghill, Whitaker                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Administration/All Depts., 4/14/99                       
                                                                               
HB 74 was referred to the Finance Committee.                                   
                                                                               
                                                                               
HB 84                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 84                                                             
"An Act relating to international airports revenue bonds; and                 
providing for an effective date."                                              
                                                                               

1999-04-14                     House Journal                      Page 0809
HB 84                                                                        
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (4):  Mulder, Kohring, Davies, Davis                                   
                                                                               
No recommendation (6):  Therriault, Bunde, Austerman, Grussendorf,             
Williams, Foster                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Revenue, 2/10/99                                         
                                                                               
HB 84 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
HB 96                                                                        
The Finance Committee has considered:                                          
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 96                                      
"An Act relating to deposits to the Alaska permanent fund; and                
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
96(FIN)                                                                        
"An Act relating to deposits to the Alaska permanent fund from                
mineral lease rentals, royalties, royalty sale proceeds, net profit            
shares under AS 38.05.180(f) and (g), federal mineral revenue                  
sharing payments received by the state from mineral leases, and                
bonuses received by the state from mineral leases, and limiting                
deposits from those sources to the 25 percent required under art.              
IX, sec. 15, Constitution of the State of Alaska; and providing for            
an effective date."                                                            
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (5):  Mulder, Bunde, Austerman, Davis, Williams                        
                                                                               

1999-04-14                     House Journal                      Page 0810
HB 96                                                                        
No recommendation (5):  Therriault, Davies, Grussendorf, Moses,                
Foster                                                                         
                                                                               
Amend (1):  Kohring                                                            
                                                                               
The following fiscal note applies to CSSSHB 96(FIN):                           
                                                                               
Zero fiscal note, Dept. of Revenue, 3/24/99                                    
                                                                               
SSHB 96 was referred to the Rules Committee for placement on the               
calendar.                                                                      
                                                                               
                                                                               
HB 146                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 146                                                            
"An Act relating to civil liability for commercial recreational               
activities; and providing for an effective date."                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 146(L&C)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Harris, Rokeberg                                                 
                                                                               
No recommendation (5):  Murkowski, Cissna, Sanders, Brice, Halcro              
                                                                               
The following fiscal note applies to CSHB 146(L&C):                            
                                                                               
Zero fiscal note, Alaska Court System, 4/14/99                                 
                                                                               
HB 146 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
**The presence of Representative Therriault was noted.                         

1999-04-14                     House Journal                      Page 0811
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Alaska's Veterans of Underage Military Service                      
By Representative Mulder                                                       
                                                                               
Honoring - Dale McClements Kephart                                             
By Representative Halcro                                                       
                                                                               
Honoring - Bob and Rosemary Johnson, 50th Wedding Anniversary                  
By Senators Halford, Phillips; Representative Dyson                            
                                                                               
In Memoriam - Janice Niebert                                                   
By Representative Murkowski                                                    
                                                                               
In Memoriam - William Atausiq Stalker, Sr.                                     
By Representative Joule; Senator Adams                                         
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 198                                                                       
HOUSE BILL NO. 198 by Representative Kott, entitled:                           
                                                                               
"An Act relating to workers' compensation self-insurance."                    
                                                                               
was read the first time and referred to the Labor & Commerce,                  
Judiciary and Finance Committees.                                              
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
SCR 7                                                                        
Representative Barnes brought up reconsideration of the vote on                
CSSCR 7(RES)(fld H) (page 800).                                                
                                                                               
The following was again before the House in second reading:                    
                                                                               

1999-04-14                     House Journal                      Page 0812
SCR 7                                                                        
CS FOR SENATE CONCURRENT RESOLUTION NO. 7(RES)                                
Supporting the responsible development of the Tulsequah Chief                 
Mine through the cooperative effort of Alaska and British                      
Columbia and urging Governor Knowles to withdraw his request                   
for a referral of the Tulsequah Chief Mine to the International                
Joint Commission under the Boundary Waters Treaty.                             
                                                                               
The question to be reconsidered:  "Shall CSSCR 7(RES) pass the                 
House?"  The roll was taken with the following result:                         
                                                                               
CSSCR 7(RES)--RECONSIDERATION                                                  
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  23   NAYS:  16   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson,               
Foster, Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan,            
Mulder, Ogan, Porter, Rokeberg, Sanders, Therriault, Whitaker                  
                                                                               
Nays:  Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Hudson,           
Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Phillips, Smalley,          
Williams                                                                       
                                                                               
Absent:  Murkowski                                                             
                                                                               
And so, CSSCR 7(RES) passed the House on reconsideration.                      
                                                                               
CSSCR 7(RES) was signed by the Speaker and Chief Clerk and                     
returned to the Senate.                                                        
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 161                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 161                                                            
"An Act relating to reduction in payments to individuals under                
certain benefit programs; and providing for an effective date."                
                                                                               

1999-04-14                     House Journal                      Page 0813
HB 161                                                                       
with the:                                                 Journal Page         
                                                                               
	FIN RPT  CS(FIN) 2DP 8NR 1AM                                      790         
	ZERO FISCAL NOTE (GOV/ALL DEPTS)                                  791         
                                                                               
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. 161(FIN)                                                
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHB
161(FIN) be considered engrossed, advanced to third reading and                
placed on final passage.                                                       
                                                                               
Representative Berkowitz objected.                                             
                                                                               
The Speaker stated that CSHB 161(FIN) will be in third reading on the          
April 15, 1999, calendar.                                                      
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 34                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 34                                                 
Relating to the federal estate and gift taxes.                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	WTR RPT  4DP 2NR                                                  701         
	ZERO FISCAL NOTE (H.WTR)                                          701         
                                                                               
Representative Green moved and asked unanimous consent that                    
HJR34 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HJR 34 was read the third time.                                                

1999-04-14                     House Journal                      Page 0814
HJR 34                                                                       
The question being:  "Shall HJR 34 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HJR 34                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  37   NAYS:  1   EXCUSED:  0   ABSENT:  2                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,             
Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Masek,         
Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,            
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
Nays:  Kemplen                                                                 
                                                                               
Absent:  Croft, Kookesh                                                        
                                                                               
And so, HJR 34 passed the House.                                               
                                                                               
                                                                               
Representative Brice gave notice of reconsideration of his vote on             
HJR34 and it was taken up later.                                               
                                                                               
                                                                               
                            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 - Joan K. Wadlow                                                      
By Representatives Brice, Porter, Austerman, Berkowitz, Croft, Davies,         
Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule,               
Kapsner, Kemplen, Kerttula, Murkowski, Phillips, Rokeberg, Sanders,            
Smalley, Therriault, Williams                                                  
                                                                               
                                                                               

1999-04-14                     House Journal                      Page 0815
Congratulations - Hopson Middle School Wrestling Team, Winners of              
the 1999 Small Schools State Championship                                      
By Representatives Joule, Porter, Austerman, Berkowitz, Brice, Bunde,          
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris,               
Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh,                   
Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders,                  
Smalley, Therriault, Williams; Senator Adams                                   
                                                                               
Honoring - Quianna Clay and Erica Cline and the University of Alaska           
Anchorage, Seawolf Speech and Debate Team                                      
By Senator Tim Kelly; Representatives Porter, Austerman, Berkowitz,            
Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Green,                     
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kohring, Morgan, Mulder, Murkowski, Ogan, Phillips,                  
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
Honoring - Lt. Audie Holloway, Commander, Anchorage Police                     
Department Crisis Intervention Response Team                                   
By Senators Leman, Halford; Representatives Dyson, Porter,                     
Austerman, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davies,           
Davis, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule,               
Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder,                    
Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault,             
Williams                                                                       
                                                                               
Honoring - Jacob E. Parrish                                                    
By Senator Parnell; Representatives Porter, Austerman, Berkowitz,              
Brice, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Harris,              
Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Mulder,             
Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault,             
Williams                                                                       
                                                                               
                                                                               
In Memoriam - Walter U. Aumatchiaq Morris, Sr.                                 
By Representatives Joule, Porter, Austerman, Berkowitz, Brice, Croft,          
Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James,              
Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Mulder, Murkowski,                
Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams;              
Senator Adams                                                                  
                                                                               
                                                                               

1999-04-14                     House Journal                      Page 0816
                             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 Williams - from 2:19 p.m., April 16 to 9:30 p.m., plane         
time, April 18, 1999                                                           
                                                                               
Representative Moses - from 7:10 a.m., April 16 to 9:20 p.m., plane            
time, April 19, 1999                                                           
                                                                               
                               RECONSIDERATION                               
                                                                               
HJR 34                                                                       
Representative Brice moved and asked unanimous consent that the                
reconsideration of HJR 34 (page 814) be taken up on the same day.              
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
The following was again before the House in third reading:                     
                                                                               
HOUSE JOINT RESOLUTION NO. 34                                                 
Relating to the federal estate and gift taxes.                                
                                                                               
The question to be reconsidered:  "Shall HJR 34 pass the House?"               
The roll was taken with the following result:                                  
                                                                               
HJR 34--RECONSIDERATION                                                        
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  1   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,             
Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,             
Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips,                 
Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams             
                                                                               
Nays:  Kemplen                                                                 
                                                                               

1999-04-14                     House Journal                      Page 0817
HJR 34                                                                       
Absent:  Croft                                                                 
                                                                               
And so, HJR 34 passed the House on reconsideration and was referred            
to the Chief Clerk for engrossment.                                            
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 20                                                                       
Representative Foster added his name as cosponsor to:                          
                                                                               
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.                                                                   
                                                                               
HJR 34                                                                       
Representatives Cowdery, Harris, Smalley, James and Therriault added           
their names as cosponsors to:                                                  
                                                                               
HOUSE JOINT RESOLUTION NO. 34                                                 
Relating to the federal estate and gift taxes.                                
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 34                                                                       
HJR 34 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 50                                                                        
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
CS FOR HOUSE BILL NO. 50(FIN)(brf sup maj fld)                                
"An Act making appropriations for the operating and loan program              
expenses of state government, for certain programs, and to                     
capitalize funds; and providing for an effective date."                        

1999-04-14                     House Journal                      Page 0818
HB 51                                                                        
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
CS FOR HOUSE BILL NO. 51(FIN)                                                 
"An Act making appropriations for the operating and capital                   
expenses of the state's integrated comprehensive mental health                 
program; and providing for an effective date."                                 
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., April 15, 1999.  There being no                
objection, the House adjourned at 11:29 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk