Legislature(1999 - 2000)
1999-04-15 House Journal
Full Journal pdf1999-04-15 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