Legislature(1999 - 2000)
1999-04-16 House Journal
Full Journal pdf1999-04-16 House Journal Page 0837 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 16, 1999 Eighty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:06 a.m. Roll call showed 27 members present. Representatives Barnes, Croft, Foster, Moses and Smalley had been previously excused from a call of the House today. Representatives Davis, Grussendorf, Kohring, Mulder, Rokeberg and Therriault were absent and their presence was noted later. 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 7:00 a.m., today to 9:00 p.m., plane time, April 18, 1999 (amended from page 833) Representative Davies - from 7:21 a.m., today to 9:33 a.m., plane time, April 19, 1999 The invocation was offered by the Chaplain, Judy Minor, Christian Science Practitioner. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "If thine eye be single thy whole body will be filled with light," the Bible says. If the purpose of this House be single, to serve Your will, it will be filled with respect, unity and success for all. How hard it is to know what is Your will when it is already every heart's desire to righteously care for 1999-04-16 House Journal Page 0838 the needs of this state. But together we do discern what is most needed. It comes through loving listening and truthful speaking. The Bible also declares that "the worlds are framed by the word of God" and every word spoken here is the word of God if Love and Truth motivate them. We are created in His image and likeness as His witnesses. Our only authority is as the reflection of divine qualities. These words that we speak here are framing the worlds for many, many people and we ask that our hearts be purified before we speak today. Let pride and ego be silent in the presence of holy vision and courageous inspiration. Give us the words that will transcend human platitudes; that will transform issues; that will redefine each need as only You can. Thank You, Great Designer and Engineer of the heavens and earth, Who maintains each of us throughout all eternity. Amen Representative Hudson offered appreciation to Ms. Minor for her years of service to the House as Chaplain. The Pledge of Allegiance was led by Representative Kott. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 87th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 12 A message dated April 15, 1999, was read stating the Senate has passed: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 12(FIN) am "An Act relating to a utility corridor and railroad right-of-way between the Alaska Railroad and the Alaska-Canada border." 1999-04-16 House Journal Page 0839 HB 12 CSSSHB 12(FIN) am was referred to the Chief Clerk for enrollment. HB 71 A message dated April 15, 1999, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 71(CRA) "An Act establishing Kawerak, Inc., as the regional housing authority for the area that includes the Seward Peninsula, Unalakleet, and St. Lawrence Island." CSHB 71(CRA) was referred to the Chief Clerk for enrollment. **The presence of Representative Grussendorf was noted. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 15, 1999, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 24 CS FOR SENATE BILL NO. 24(FIN) am by the Senate Finance Committee, entitled: "An Act relating to regulations; amending Rule 65, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. REPORTS OF STANDING COMMITTEES HB 67 The Judiciary Committee has considered: HOUSE BILL NO. 67 "An Act relating to release of certain persons alleged to have committed certain sexual offenses." 1999-04-16 House Journal Page 0840 HB 67 and recommends it be replaced with: CS FOR HOUSE BILL NO. 67(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Green, Kott, James, Rokeberg, Kerttula The following fiscal notes apply to CSHB 67(JUD): Indeterminate fiscal note, Dept. of Administration, 4/16/99 Indeterminate fiscal note, Dept. of Corrections, 4/16/99 HB 67 was referred to the Finance Committee. HB 156 The State Affairs Committee has considered: HOUSE BILL NO. 156 "An Act relating to investments by the Alaska Permanent Fund Corporation; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 156(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Smalley, Kerttula, Hudson, Whitaker No recommendation (2): Coghill, Ogan The following fiscal note applies to CSHB 156(STA): Fiscal note, Dept. of Revenue, 4/16/99 1999-04-16 House Journal Page 0841 HB 156 HB 156 was referred to the Finance Committee. HB 157 The State Affairs Committee has considered: HOUSE BILL NO. 157 "An Act relating to absences from the state while serving on oceangoing vessels of the United States merchant marine for purposes of eligibility for permanent fund dividends; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Smalley, Kerttula, Whitaker No recommendation (3): Coghill, Hudson, Ogan The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 4/16/99 HB 157 was referred to the Finance Committee. HB 158 The Labor & Commerce Committee has considered: HOUSE BILL NO. 158 "An Act relating to the annual report of the director of the division of insurance and to notice of cancellation of personal insurance." and recommends it be replaced with: CS FOR HOUSE BILL NO. 158(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg 1999-04-16 House Journal Page 0842 HB 158 No recommendation (6): Murkowski, Harris, Cissna, Brice, Sanders, Halcro The following fiscal note applies to CSHB 158(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/16/99 HB 158 was referred to the Judiciary Committee. **The presence of Representative Rokeberg was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Fraternal Order of Alaska State Troopers Museum By Representative Porter Honoring - The Anchorage Junior Aces Midget "C" Team from Eagle River, Alaska State Midget "C" Hockey Champions By Senators Phillips, Halford; Representative Dyson In Memoriam - Burton "Atqaan" Rexford By Senator Adams; Representative Joule INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 202 HOUSE BILL NO. 202 by Representative Halcro, entitled: "An Act levying and providing for the collection and administration of an excise tax on passenger vehicle rentals; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. 1999-04-16 House Journal Page 0843 HB 203 HOUSE BILL NO. 203 by Representatives Harris and James, entitled: "An Act relating to loans from the agriculture revolving loan fund and to contracts for the sale of state agriculture land; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. **The presence of Representative Kohring was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 82 The following was read the second time: HOUSE BILL NO. 82 "An Act relating to immunity for certain claims arising out of or in connection with the year 2000 date change; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 3DP 3NR 361 2 ZERO FISCAL NOTES (COURT, LAW) 361 JUD RPT CS(JUD) NT 3DP 2NR 699 2 ZERO FISCAL NOTES (COURT, LAW) 3/5/99 700 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. 82(JUD) "An Act relating to certain claims arising out of or in connection with the year 2000 date change; amending Rule 23, Alaska Rules of Civil Procedure; and providing for an effective date." There being no objection, it was so ordered. 1999-04-16 House Journal Page 0844 HB 82 **The presence of Representative Davis was noted. Amendment No. 1 was offered by Representatives Berkowitz and Murkowski: Page 4, line 4 and Page 5, line 15: Delete "$50,000" Insert "$25,000" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. **The presence of Representatives Mulder and Therriault was noted. Representative Green moved and asked unanimous consent that CSHB 82(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 82(JUD) am was read the third time. The question being: "Shall CSHB 82(JUD) am pass the House?" The roll was taken with the following result: CSHB 82(JUD) am Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 7 ABSENT: 1 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Excused: Barnes, Croft, Davies, Foster, Moses, Smalley, Whitaker 1999-04-16 House Journal Page 0845 HB 82 Absent: Brice And so, CSHB 82(JUD) am passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 82(JUD) am was referred to the Chief Clerk for engrossment. HB 102 The following was read the second time: HOUSE BILL NO. 102 "An Act imposing certain requirements relating to cigarette sales in this state by tobacco product manufacturers, including requirements for escrow, payment, and reporting of money from cigarette sales in this state; providing penalties for noncompliance with those requirements; and providing for an effective date." with the: Journal Page JUD RPT 7DP 470 2 ZERO FNS (LAW, REV) 2/19/99 470 FIN RPT 2DP 6NR 599 2 ZERO FNS (LAW, REV) 2/19/99 599 Representative Green moved and asked unanimous consent that HB102 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB102 was read the third time. The question being: "Shall HB102 pass the House?" The roll was taken with the following result: 1999-04-16 House Journal Page 0846 HB 102 HB 102 Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 7 ABSENT: 3 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Davis, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault Excused: Barnes, Croft, Davies, Foster, Moses, Smalley, Whitaker Absent: Brice, Dyson, Williams And so, HB102 passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Ogan gave notice of reconsideration of his vote on HB102. SECOND READING OF HOUSE RESOLUTIONS HJR 29 The following was read the second time: HOUSE JOINT RESOLUTION NO. 29 Relating to the division of the Ninth Circuit Court of Appeals. with the: Journal Page JUD RPT CS(JUD) 6DP 617 ZERO FISCAL NOTE (H.JUD) 617 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 1999-04-16 House Journal Page 0847 HJR 29 CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHJR 29(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 29(JUD) was read the third time. The question being: "Shall CSHJR 29(JUD) pass the House?" The roll was taken with the following result: CSHJR 29(JUD) Third Reading Final Passage YEAS: 29 NAYS: 3 EXCUSED: 7 ABSENT: 1 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Joule, Kapsner, Kookesh Excused: Barnes, Croft, Davies, Foster, Moses, Smalley, Whitaker Absent: Brice And so, CSHJR 29(JUD) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 109 The following, which was advanced to third reading from the April 15, 1999, calendar (page 827), was read the third time: 1999-04-16 House Journal Page 0848 HB 109 CS FOR HOUSE BILL NO. 109(RES) "An Act relating to management of fish and game in Glacier Bay National Park and Preserve and navigable waters." Representative Green moved and asked unanimous consent that CSHB 109(RES) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Hudson: Page 3, line 18: Delete "property or" Insert "property," Page 3, line 19, following "regulations": Insert ", or from collecting data relating to claims of economic harm arising from the closure of the park and preserve to commercial fishing" Representative Hudson moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 109(RES) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representatives Ogan and Berkowitz: Page 3, line 12, following "adopt": Delete "," Insert "or" Page 3, line 12, following "enforce": Delete ", or otherwise assist in" 1999-04-16 House Journal Page 0849 HB 109 Representative Ogan moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHB 109(RES) am pass the House?" The roll was taken with the following result: CSHB 109(RES) am Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 7 ABSENT: 1 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Excused: Barnes, Croft, Davies, Foster, Moses, Smalley, Whitaker Absent: Brice And so, CSHB 109(RES) am passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 161 Representative Kemplen brought up reconsideration of the vote on CSHB 161(FIN)(efd fld) (page 829). The following was again before the House in third reading: 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 to be reconsidered: "Shall CSHB 161(FIN) pass the House?" The roll was taken with the following result: 1999-04-16 House Journal Page 0850 HB 161 CSHB 161(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 10 EXCUSED: 7 ABSENT: 1 Yeas: Austerman, Bunde, Coghill, Cowdery, Davis, Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Berkowitz, Cissna, Dyson, Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh Excused: Barnes, Croft, Davies, Foster, Moses, Smalley, Whitaker Absent: Brice And so, CSHB 161(FIN) passed the House on reconsideration. Representative Green moved the effective date clause. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 161(FIN)--RECONSIDERATION Third Reading Effective Date YEAS: 23 NAYS: 9 EXCUSED: 7 ABSENT: 1 Yeas: Austerman, Bunde, Coghill, Cowdery, Davis, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Berkowitz, Cissna, Dyson, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh Excused: Barnes, Croft, Davies, Foster, Moses, Smalley, Whitaker Absent: Brice 1999-04-16 House Journal Page 0851 HB 161 And so, lacking the necessary 27 votes, the effective date clause was not adopted on reconsideration. 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." CSHB 161(FIN)(efd fld) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 139 The Speaker added a Health, Education & Social Services Committee referral to precede the Finance Committee referral for the following: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 139 "An Act authorizing certain psychologists to prescribe and dispense certain psychotropic medications and their adjuncts within the practice of psychology." SSHB 139 is in the Labor & Commerce Committee. UNFINISHED BUSINESS (Continued) Representative Green moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Therriault - from 1:23 p.m., April 16 to 9:20 p.m., plane time, April 18, 1999 HJR 14 Representative Murkowski added her name as cosponsor to: 1999-04-16 House Journal Page 0852 HJR 14 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Women's History and the National Museum of Women's History Alaska Council. HB 82 Representative Harris added his name as cosponsor to: CS FOR HOUSE BILL NO. 82(JUD) am "An Act relating to certain claims arising out of or in connection with the year 2000 date change; amending Rule 23, Alaska Rules of Civil Procedure; and providing for an effective date." HB 109 Representatives Kookesh and Rokeberg added their names as cosponsors to: CS FOR HOUSE BILL NO. 109(RES) am "An Act relating to management of fish and game in Glacier Bay National Park and Preserve and navigable waters." HB 139 Representative Kapsner added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 139 "An Act authorizing certain psychologists to prescribe and dispense certain psychotropic medications and their adjuncts within the practice of psychology." HB 176 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 176 "An Act relating to attorney fees and costs and the granting of public interest litigant status in proceedings related to administrative actions and inactions; and amending Rules 79 and 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." 1999-04-16 House Journal Page 0853 ENGROSSMENT HJR 29 CSHJR 29(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 82 CSHB 82(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 109 CSHB 109(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 161 CSHB 161(FIN)(efd fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 10 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:30 p.m., April 15, 1999: HOUSE BILL NO. 10 "An Act extending the termination date of the Board of Certified Direct-Entry Midwives; and providing for an effective date." ANNOUNCEMENTS Representative Dyson, Co-chair, moved and asked unanimous consent that the Health, Education & Social Services Committee be allowed to schedule a confirmation hearing for the University of Alaska Board of Regents on April 22, 1999. There being no objection, the publication notice requirement (Uniform Rule 23a) was waived. House committee schedules are published daily under separate cover. 1999-04-16 House Journal Page 0854 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 19, 1999. There being no objection, the House adjourned at 11:32 a.m. Suzi Lowell Chief Clerk