Legislature(1999 - 2000)
1999-05-03 House Journal
Full Journal pdf1999-05-03 House Journal Page 1131 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday May 3, 1999 One Hundred Fifth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:07 a.m. Roll call showed 37 members present. Representative Davies had been previously excused from a call of the House today. Representatives Barnes and Therriault were absent and their presence was noted later. A moment of reflective silence was offered by the Chaplain, Michael Orelove of the Juneau Jewish Community. Representative Hudson moved and asked unanimous consent that it be so noted in the journal. There being no objection, it was so ordered. The Pledge of Allegiance was led by Representative Halcro. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 102nd, 103rd and 104th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 101 A message dated April 30, 1999, was read stating the Senate has failed to concur in the House amendment to: CS FOR SENATE BILL NO. 101(FIN) am "An Act relating to disasters and to the disaster relief fund." 1999-05-03 House Journal Page 1132 SB 101 namely, HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) (same title) and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Halford, Chair Senator Parnell Senator Hoffman **The presence of Representative Therriault was noted. Representative Green moved that the House recede from its amendment to CSSB 101(FIN) am, namely HCS CSSB 101(FIN), and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 101(FIN) am?" The roll was taken with the following result: HCS CSSB 101(FIN) Recede YEAS: 0 NAYS: 36 EXCUSED: 1 ABSENT: 3 Nays: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Davies Absent: Barnes, Foster, Mulder And so, the House failed to recede. 1999-05-03 House Journal Page 1133 SB 101 The Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Murkowski Representative Bunde Representative Joule The Chief Clerk was instructed to so notify the Senate. REPORTS OF STANDING COMMITTEES HCR 11 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 11 Relating to substance abuse treatment for offenders in the criminal justice system. The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (5): Morgan, Dyson, Coghill, Kemplen, Brice The following fiscal note applies: Zero fiscal note, House Health, Education & Social Services Committee, 5/3/99 HCR 11 was referred to the Judiciary Committee. HJR 6 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 6 Proposing amendments to the Constitution of the State of Alaska relating to state aid for education. The report was signed by Representative Kott, Chair, with the following individual recommendations: 1999-05-03 House Journal Page 1134 HJR 6 Do not pass (3): Croft, Kott, Kerttula No recommendation (3): Green, James, Rokeberg The following fiscal note applies: Fiscal note, Office of the Governor, 4/12/99 HJR 6 was referred to the Finance Committee. HB 15 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 15 "An Act relating to disclosure of information about certain children; and amending Rule 22, Alaska Child in Need of Aid Rules." and recommends it be replaced with: CS FOR HOUSE BILL NO. 15(HES) "An Act relating to foster parents and out-of-home caregivers of a child in need of aid." The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (1): Dyson No recommendation (4): Morgan, Coghill, Kemplen, Brice The following fiscal note applies to CSHB 15(HES): Zero fiscal note, House Health, Education & Social Services Committee, 5/3/99 HB 15 was referred to the Judiciary Committee. 1999-05-03 House Journal Page 1135 HB 34 The Finance Committee has considered: HOUSE BILL NO. 34 "An Act relating to the crime of misprision of a crime against a child." and recommends it be replaced with: CS FOR HOUSE BILL NO. 34(FIN) "An Act relating to the crime of failure to report the commission or attempted commission of certain crimes against children." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (8): Therriault, Bunde, Kohring, Austerman, Davies, Grussendorf, Davis, Foster No recommendation (1): Moses The following fiscal notes apply to CSHB 34(FIN): Indeterminate fiscal note, Dept. of Administration, 5/3/99 Indeterminate fiscal note, Dept. of Law, 4/21/99 HB 34 was referred to the Rules Committee for placement on the calendar. HB 135 The Judiciary Committee has considered: HOUSE BILL NO. 135 "An Act relating to use of eavesdropping and recording devices by peace officers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 135(JUD) (same title) 1999-05-03 House Journal Page 1136 HB 135 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kott, Rokeberg, Green Do not pass (1): Kerttula No recommendation (2): Murkowski, James The following fiscal note applies to CSHB 135(JUD): Zero fiscal note, House Judiciary Committee, 5/3/99 HB 135 was referred to the Rules Committee for placement on the calendar. HB 162 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 162 "An Act relating to confidential mental health records; relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 162(HES) "An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date." The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (1): Kemplen No recommendation (4): Morgan, Dyson, Coghill, Brice The following fiscal note applies to CSHB 162(HES): 1999-05-03 House Journal Page 1137 HB 162 Fiscal note, Dept. of Health & Social Services, 5/3/99 HB 162 was referred to the Judiciary Committee. HB 180 The Judiciary Committee has considered: HOUSE BILL NO. 180 "An Act relating to the possession, manufacture, use, display, or delivery of controlled substances while children are present." and recommends it be replaced with: CS FOR HOUSE BILL NO. 180(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Green, Kott, James No recommendation (4): Croft, Murkowski, Rokeberg, Kerttula The following fiscal notes apply to CSHB 180(JUD): Indeterminate fiscal note, Dept. of Law, 5/3/99 Zero fiscal note, House Judiciary Committee, 5/3/99 HB 180 was referred to the Finance Committee. HB 214 The Judiciary Committee has considered: HOUSE BILL NO. 214 "An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure." and recommends it be replaced with: 1999-05-03 House Journal Page 1138 HB 214 CS FOR HOUSE BILL NO. 214(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Green, Kott, Rokeberg, James No recommendation (1): Kerttula The following fiscal note applies to CSHB 214(JUD): Indeterminate fiscal note, Dept. of Corrections, 5/3/99 HB 214 was referred to the Rules Committee for placement on the calendar. SB 93 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 93(FIN) "An Act relating to the purposes of certain businesses and corporations; relating to the names of businesses and organizations; relating to the registration under the Alaska Trademark Act of marks that resemble the name of another business or organization; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Harris, Cissna No recommendation (1): Halcro The following fiscal note applies: Senate fiscal note, Dept. of Commerce & Economic Development, 3/26/99 CSSB 93(FIN) was referred to the Finance Committee. 1999-05-03 House Journal Page 1139 SB 107 The Finance Committee has considered: CS FOR SENATE BILL NO. 107(FIN) "An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (3): Therriault, Mulder, Austerman No recommendation (5): Bunde, Kohring, Grussendorf, Davis, Foster Amend (1): Davies The following fiscal notes apply: Fiscal notes (2), House Finance Committee/Dept. of Commerce & Economic Development, 5/3/99 CSSB 107(FIN) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Becky Roth By Representatives Kerttula, Hudson; Senator Elton Honoring - Alice Howarth By Representative Kemplen; Senator Ellis Commemorating - The National Day of Prayer, May 6, 1999 By Senator Ward Honoring - Roger Sampson By Senator Lincoln; Representative Harris 1999-05-03 House Journal Page 1140 In Memoriam - Suzanne K. Fagerstrom Wassmann By Representative Foster CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 176 The following was read the second time: 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." with the: Journal Page JUD RPT 4DP 1DNP 1NR 912 ZERO FISCAL NOTE (H.JUD) 912 FIN RPT 2DP 1DNP 5NR 1047 ZERO FISCAL NOTE (H.JUD) 4/22/99 1047 Representative Green moved and asked unanimous consent that HB176 be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HB 176 will be in third reading on the May 4, 1999 calendar. HB 208 The following was read the second time: HOUSE BILL NO. 208 "An Act relating to professional counselors; and providing for an effective date." 1999-05-03 House Journal Page 1141 HB 208 with the: Journal Page HES REFERRAL WAIVED 1036 L&C RPT 5DP 1068 ZERO FISCAL NOTE (DCED) 1069 Representative Green moved and asked unanimous consent that HB208 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 208 was read the third time. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Dyson Representative Cissna Objection was heard, and the members were required to vote. **The presence of Representative Barnes was noted. The question being: "Shall HB 208 pass the House?" The roll was taken with the following result: HB 208 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Davies Absent: Cissna And so, HB 208 passed the House. 1999-05-03 House Journal Page 1142 HB 208 Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 208 was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 14 The following was read the second time: 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. with the: Journal Page WTR RPT 4DP 1054 ZERO FISCAL NOTE (H.WTR/ALL DEPTS) 1054 STA REFERRAL WAIVED 1093 Representative Green moved and asked unanimous consent that SSHJR14 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SSHJR 14 was read the third time. The question being: "Shall SSHJR 14 pass the House?" The roll was taken with the following result: SSHJR 14 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1999-05-03 House Journal Page 1143 HJR 14 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Davies And so, SSHJR 14 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Dr. Roy A. Box By Representatives Hudson, Kerttula, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Therriault, Williams; Senator Elton Honoring - United Way of the Tanana Valley By Representatives Brice, Porter, Austerman, Berkowitz, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Rokeberg, Smalley, Therriault, Williams Honoring - Charlie Johanson-Adams By Senators Halford, Phillips; Representatives Dyson, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams 1999-05-03 House Journal Page 1144 Honoring - Alaska's Filipino Pioneers By Senator Ellis; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault, Williams UNFINISHED BUSINESS HB 214 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 214 "An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure." HB 214 was removed from the Rules Committee and referred to the Finance Committee. HB 143 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 143 "An Act relating to the executive officer employed for the Real Estate Commission, to educational materials published by the Real Estate Commission, to the Real Estate Surety Fund, to contracts by the Real Estate Commission, and to disclosures in real property transactions." HB 143 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 156 The Finance Committee has submitted the forthcoming fiscal note to accompany their report (page 1065): 1999-05-03 House Journal Page 1145 HB 156 Fiscal note, Dept. of Revenue, 5/3/99 for the following: CS FOR HOUSE BILL NO. 156(FIN) "An Act relating to investments by the Alaska Permanent Fund Corporation; and providing for an effective date." HB 156 is in the Rules Committee. HJR 14 Representatives Barnes, Smalley, Berkowitz, Porter, Green, Hudson, Whitaker, Croft, Kemplen, Dyson, Harris, Halcro, Williams, Kapsner, Morgan, James and Cissna added their names as cosponsors to: 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 208 Representative Smalley added his name as cosponsor to: HOUSE BILL NO. 208 "An Act relating to professional counselors; and providing for an effective date." SB 4 Representative Porter added his name as cross sponsor to: CS FOR SENATE BILL NO. 4(FIN) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date." 1999-05-03 House Journal Page 1146 ENGROSSMENT HJR 14 SSHJR 14 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 208 HB 208 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. Conference Committee on HB 50/51 Topics to be taken up: 4:00 p.m., 5/3 Dept. of Labor Dept. of Military & Veterans Affairs Dept. of Revenue Alaska Court System ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 4, 1999. There being no objection, the House adjourned at 10:48 a.m. Suzi Lowell Chief Clerk