Legislature(1999 - 2000)

1999-04-15 House Journal

Full Journal pdf

1999-04-15                     House Journal                      Page 0821
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                      Thursday            April 15, 1999         
                                                                               
                              Eighty-seventh Day                             
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:07 a.m.                                                           
                                                                               
                                                                               
Roll call showed 32 members present.  Representatives Foster and               
Murkowski had been previously excused from a call of the House                 
today.   Representatives Davies, Kapsner, Kohring, Kott, 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 Psalms 107:                                                              
Oh that men would praise the Lord for His goodness, and for                   
His wonderful works to the children of men!                                    
He turneth the wilderness into a standing water, and dry                      
ground into watersprings.  And there He maketh the hungry to                   
dwell, that they may prepare a city for habitation;                            
Whoso is wise, and will observe these things, even they shall                 
understand the lovingkindness of the Lord.                                     
                                                                               
	Dear Father-Mother,                                                           
                                                                               
Open our hearts and minds today so that we may understand                     
more clearly the abundance of Your provision for all our                       
needs.  Fill each of us with faith, wisdom, courage, and                       
humility so we may listen for Your divine inspiration to bring                 

1999-04-15                     House Journal                      Page 0822
forth innovative ideas for dealing with the age-old challenge                  
of limitation and lack.  Guide our decisions and actions so that               
our work brings to fruition the promise of blessing and                        
prosperity for all.  Amen                                                      
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Joule.                      
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 86th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 2                                                                         
A message dated April 14, 1999, was read stating the Senate has                
passed:                                                                        
                                                                               
HOUSE BILL NO. 2                                                              
"An Act relating to issuance of a motor vehicle registration plate            
to or parking permit for a person who is disabled."                            
                                                                               
HB 2 was referred to the Chief Clerk for enrollment.                           
                                                                               
HB 9                                                                         
A message dated April 14, 1999, was read stating the Senate has                
passed:                                                                        
                                                                               
HOUSE BILL NO. 9                                                              
"An Act relating to collection of settlement information in civil             
litigation; amending Rule 41(a)(3), Alaska Rules of Civil                      
Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure;               
and providing for an effective date."                                          
                                                                               
HB 9 was referred to the Chief Clerk for enrollment.                           
                                                                               
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               

1999-04-15                     House Journal                      Page 0823
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 20                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 20                                                 
Urging the Congress to amend the Internal Revenue Code of 1986                
to eliminate the marriage penalty by providing that income tax rate            
bracket amounts, and the amount of the standard deduction, for                 
joint returns shall be twice the amounts applicable to unmarried               
individuals.                                                                   
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (9):  Therriault, Bunde, Kohring, Austerman, Grussendorf,              
Moses, Davis, Williams, Foster                                                 
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Special Committee on Economic Development              
and Tourism, 3/31/99                                                           
                                                                               
HJR 20 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 8                                                                        
HOUSE CONCURRENT RESOLUTION NO. 8 by Representatives                           
Phillips and Smalley:                                                          
                                                                               
Urging the Alaska Railroad Corporation to select an Alaska                    
company for the design and construction of three rail barges and               
the charter and operation of tugboats for service between Seattle              
and Alaska as indicated in the Request for Proposal 99-13-18685.               
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               

1999-04-15                     House Journal                      Page 0824
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 199                                                                       
HOUSE BILL NO. 199 by the House Finance Committee, entitled:                   
                                                                               
"An Act relating to compensation for certain state employees; and             
providing for an effective date."                                              
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
HB 200                                                                       
HOUSE BILL NO. 200 by the House Finance Committee, entitled:                   
                                                                               
"An Act relating to exemptions for municipal property taxes for               
certain primary residences; relating to property tax equivalency               
payments for certain residents; and providing for an effective                 
date."                                                                         
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Finance Committees.                                                
                                                                               
**The presence of Representatives Mulder and Kapsner was noted.                
                                                                               
HB 201                                                                       
HOUSE BILL NO. 201 by the House Labor & Commerce Committee,                    
entitled:                                                                      
                                                                               
"An Act relating to the computation of overtime; and providing for            
an effective date."                                                            
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
                                   * * * * *                                   
                                                                               
Representative Kapsner introduced Guest Pages, Sterling Rearden from           
Bethel and Kyle Sattler from Anchorage.                                        

1999-04-15                     House Journal                      Page 0825
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber     upon recess, 4/15         
Minority Caucus                                      upon recess, 4/15         
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess;            
and so, the House recessed at 10:24 a.m.                                       
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 11:06 a.m.                       
                                                                               
**The presence of Representatives Davies and Kohring was noted.                
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
SB 46                                                                        
The Speaker stated that, without objection, the House would move               
down the calendar to consider CSSB 46(RLS).                                    
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 46                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 46(RLS)                                                
"An Act naming the Terry Miller Legislative Office Building."                 
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT 6DP                                                       688         
	SENATE ZERO FISCAL NOTE (LAA) 3/12/99                             688         
                                                                               
Amendment No. 1 was offered  by Representatives Kerttula and Croft:             
                                                                               
Page 1, following line 7:                                                      
	Insert a new bill section to read:                                            
	"*Sec. 3.  The legislative council shall prepare and install an             
appropriate plaque on  the  Terry  Miller  Legislative  Office  Building       

1999-04-15                     House Journal                      Page 0826
SB 46                                                                        
honoring the history of the building as a community school for many            
decades.  The historic information shall be provided by the Juneau             
Douglas City Museum."                                                          
                                                                               
Representative Kerttula moved and asked unanimous consent that                 
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Grussendorf rose to a point of order, stating that debate       
on the bill was out of order in second reading.                                
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSSB
46(RLS) am H be considered engrossed, advanced to third reading and            
placed on final passage.                                                       
                                                                               
Representative Brice objected and withdrew the objection.  There being         
no further objection, it was so ordered.                                       
                                                                               
CSSB 46(RLS) am H was read the third time.                                     
                                                                               
The question being:  "Shall CSSB 46(RLS) am H pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
CSSB 46(RLS) am H                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro,              
Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh,            
Kott, Masek, Morgan, Moses, Mulder, Phillips, Porter, Rokeberg,                
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
Excused:  Foster, Murkowski                                                    
                                                                               
Absent:  Hudson, Ogan                                                          
                                                                               

1999-04-15                     House Journal                      Page 0827
SB 46                                                                        
And so, CSSB 46(RLS) am H passed the House and was referred to                 
the Chief Clerk for engrossment.                                               
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 109                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 109                                                            
"An Act relating to management of fish and game in Glacier Bay                
National Park and Preserve and navigable waters."                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	WTR RPT  CS(WTR) 4DP 1NR 1AM                                      490         
	3 ZERO FNS (2-F&G, DPS)                                           491         
	RES RPT  CS(RES) 5DP 1NR                                          646         
	3 ZERO FNS (2-F&G, DPS) 3/17/99                                   646         
                                                                               
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. 109(RES)                                                
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was not offered.                                               
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that CSHB
109(RES) be considered engrossed, advanced to third reading and                
placed on final passage.                                                       
                                                                               
Representative Berkowitz objected.                                             
                                                                               
                                                                               
The Speaker stated that CSHB 109(RES) will be in third reading on              
the April 16, 1999, calendar.                                                  

1999-04-15                     House Journal                      Page 0828
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 161                                                                       
The following, which was advanced to third reading from the April 14,          
1999, calendar (page 813), was read the third time:                            
                                                                               
CS FOR HOUSE BILL NO. 161(FIN)                                                
"An Act relating to reduction in payments to individuals under                
certain benefit programs; and providing for an effective date."                
                                                                               
The question being:  "Shall CSHB 161(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 161(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  22   NAYS:  14   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Green,               
Halcro, Harris, James, Kohring, Masek, Morgan, Mulder, Ogan,                   
Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams            
                                                                               
Nays:  Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Grussendorf,            
Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley                     
                                                                               
Excused:  Foster, Murkowski                                                    
                                                                               
Absent:  Hudson, Kott                                                          
                                                                               
And so, CSHB 161(FIN) passed the House.                                        
                                                                               
Representative Green moved that the effective date clause be adopted.          
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
CSHB 161(FIN)                                                                  
Third Reading                                                                  
Effective Date                                                                 
                                                                               
                                                                               
YEAS:  24   NAYS:  13   EXCUSED:  2   ABSENT:  1                             

1999-04-15                     House Journal                      Page 0829
HB 161                                                                       
                                                                               
Yeas:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson,               
Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder,            
Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker,               
Williams                                                                       
                                                                               
Nays:  Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule,            
Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley                            
                                                                               
Excused:  Foster, Murkowski                                                    
                                                                               
Absent:  Hudson                                                                
                                                                               
And so, lacking the necessary 27 votes, the effective date clause was          
not adopted.                                                                   
                                                                               
                                                                               
The new title appears below:                                                   
                                                                               
	CS FOR HOUSE BILL NO. 161(FIN)(efd fld)                                       
"An Act relating to reduction in payments to individuals under                
certain benefit programs."                                                     
                                                                               
Representative Brice gave notice of reconsideration of his vote on             
CSHB 161(FIN)(efd fld).                                                        
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SCR 2                                                                        
The following was read the second time:                                        
                                                                               
SENATE CONCURRENT RESOLUTION NO. 2                                            
Relating to management of Alaska's wildlife and fish resources.               
                                                                               
with the:                                                 Journal Page         
                                                                               
	FSH RPT  1DP 3NR                                                  408         
	SENATE ZERO FISCAL NOTE (S.RES) 2/10/99                           409         
	RES RPT HCS(RES) 4DP 1NR                                          551         
	SENATE ZERO FISCAL NOTE (S.RES) 2/10/99                           552         
                                                                               

1999-04-15                     House Journal                      Page 0830
SCR 2                                                                        
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO.                                 
2(RES)                                                                         
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
The question being:  "Shall HCS SCR 2(RES) pass the House?"  The               
roll was taken with the following result:                                      
                                                                               
HCS SCR 2(RES)                                                                 
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  25   NAYS:  9   EXCUSED:  2   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Coghill, Cowdery, Davis, Dyson,               
Green, Grussendorf, Halcro, Harris, James, Kohring, Kott, Masek,               
Morgan, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault,         
Whitaker, Williams                                                             
                                                                               
Nays:  Berkowitz, Croft, Davies, Joule, Kapsner, Kemplen, Kerttula,            
Kookesh, Smalley                                                               
                                                                               
Excused:  Foster, Murkowski                                                    
                                                                               
Absent:  Bunde, Cissna, Hudson, Moses                                          
                                                                               
Kookesh changed from "Yea" to "Nay".                                           
                                                                               
And so, HCS SCR 2(RES) passed the House and was referred to the                
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   

1999-04-15                     House Journal                      Page 0831
Honoring - Alaska's Veterans of Underage Military Service                      
By Representatives Mulder, 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,             
Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault,             
Williams                                                                       
                                                                               
                                                                               
Honoring - Dale McClements Kephart                                             
By Representatives Halcro, Porter, Austerman, Barnes, Berkowitz,               
Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf,              
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott,                
Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders,                  
Smalley, Therriault, Williams                                                  
                                                                               
                                                                               
Honoring - Bob and Rosemary Johnson, 50th Wedding Anniversary                  
By Senators Halford, Phillips; Representatives Dyson, Porter,                  
Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies,             
Davis, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner,              
Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder,                       
Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault,             
Williams                                                                       
                                                                               
                                                                               
In Memoriam - Janice Niebert                                                   
By Representatives Murkowski, Porter, Austerman, Barnes, Berkowitz,            
Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster,                   
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kott, Morgan, Mulder, Ogan, Phillips, Rokeberg, Sanders,             
Smalley, Therriault Williams                                                   
                                                                               
                                                                               
In Memoriam - William Atausiq Stalker, Sr.                                     
By Representatives Joule, Porter, Austerman, Barnes, Berkowitz, Brice,         
Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris,              
Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan,              
Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley,                 
Therriault, Williams; Senator Adams                                            
                                                                               

1999-04-15                     House Journal                      Page 0832
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HJR 11                                                                       
Representative Green moved and asked unanimous consent that the                
House consider the Senate message (page 722) on the following at this          
time:                                                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 11                                                 
Urging the United States Congress to pass legislation to open the             
coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil           
and gas exploration, development, and production.                              
                                                                               
and                                                                            
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 11(RES)                              
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Barnes rose to a point of order stating the debate was          
out of order.                                                                  
                                                                               
The Speaker cautioned the member to confine discussion to the                  
changes made by the other body.                                                
                                                                               
Representative Green moved that the House concur in the Senate                 
amendment to HJR 11, thus adopting SCS HJR 11(RES), and                        
recommended that the members vote yes.                                         
                                                                               
The question being: "Shall the House concur in the Senate amendment            
to HJR 11?"  The roll was taken with the following result:                     
                                                                               
SCS HJR 11(RES)                                                                
Concur                                                                         
                                                                               
YEAS:  34   NAYS:  1   EXCUSED:  2   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Coghill, Cowdery, Croft,           
Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, James,               
Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek,              
Morgan, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley,            
Therriault, Whitaker, Williams                                                 

1999-04-15                     House Journal                      Page 0833
HJR 11                                                                       
Nays:  Cissna                                                                  
                                                                               
Excused:  Foster, Murkowski                                                    
                                                                               
Absent:  Bunde, Hudson, Moses                                                  
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS HJR 11(RES).                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS HJR 11(RES) was referred to the Chief Clerk for enrollment.                
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Green moved and asked unanimous consent that the                
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Whitaker - from 2:00 p.m., April 16 to 9:00 p.m., plane         
time, April 18, 1999                                                           
                                                                               
Representative Kemplen - from 1:05 p.m., April 30 to 9:23 p.m., plane          
time, May 2, 1999                                                              
                                                                               
Representative Croft - from 7:00 p.m., April 15 to 9:30 p.m., plane            
time, April 18, 1999                                                           
                                                                               
HCR 5                                                                        
Representative Whitaker added his name as cosponsor to:                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 5                                             
Relating to extension of the James Dalton Highway to the Arctic               
Ocean.                                                                         
                                                                               
HB 192                                                                       
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 192                                                            
"An Act relating to reciting the pledge of allegiance by public               
school students."                                                              

1999-04-15                     House Journal                      Page 0834
SCR 2                                                                        
Representative James added her name as cross sponsor to:                       
                                                                               
HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO.                                 
2(RES)                                                                         
Relating to management of Alaska's wildlife and fish resources.               
SB 46                                                                        
Representatives Smalley and Harris added their names as cross                  
sponsors to:                                                                   
                                                                               
CS FOR SENATE BILL NO. 46(RLS) am H                                           
"An Act naming the Terry Miller Legislative Office Building."                 
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SCR 2                                                                        
HCS SCR 2(RES) was engrossed, signed by the Speaker and Chief                  
Clerk and transmitted to the Senate for consideration.                         
                                                                               
SB 46                                                                        
CSSB 46(RLS) am H was engrossed, signed by the Speaker and Chief               
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                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 16, 1999.  There being no                
objection, the House adjourned at 12:24 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk