Legislature(1999 - 2000)
1999-05-05 House Journal
Full Journal pdf1999-05-05 House Journal Page 1173 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday May 5, 1999 One Hundred Seventh Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:07 a.m. Roll call showed 35 members present. Representatives Bunde, Kapsner and Kookesh had been previously excused from a call of the House today. Representative Whitaker was absent and his presence was noted later. Representative Green moved and asked unanimous consent that Representative James be excused from a call of the House today. There being no objection, it was so ordered. RECONSIDERATION HB 176 Representative Green moved and asked unanimous consent that the reconsideration (page 1167) of the following be held until May 7, 1999: HB 176(ct rule fld) "An Act relating to attorney fees and costs and the granting of public interest litigant status in proceedings related to administrative actions and inactions." There being no objection, it was so ordered. 1999-05-05 House Journal Page 1174 INVOCATION The invocation was offered by Pastor Richard Green of the Glacier Valley Church of God. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: From Jeremiah 32:17-19: Ah, Lord God! You have made the heaven and the earth by Your great power and outstretched arm, and there is nothing too difficult for You . . . You show lovingkindness unto thousands . . . the Great, the Mighty God, the Lord of hosts, is his name . . . Great in counsel, and mighty in work . . . We bring our impossibilities to Your power, our problems to Your wisdom, our needs to Your supply, our hurts to Your healing, our grief to Your comfort, and our lives to Your grace. We pray especially for the people who are searching for the downed plane and pray that You would give them success and safety. We pray also that Your strength will comfort the families of those involved. As we give You praise, Amen. The Pledge of Allegiance was led by Representative Croft. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 106th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A message dated May 5, 1999, was read inviting the members to the ceremonial signing of Senate Bill 46, naming the Terry Miller Legislative Building, on May 7, 1999, at 9:30 a.m. outside Juneau's Capital School. In the event of inclement weather, the ceremony will be moved to the Governor's conference room. 1999-05-05 House Journal Page 1175 MESSAGES FROM THE SENATE A message dated May 4, 1999, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 7 CS FOR SENATE BILL NO. 7(FIN) am by the Senate Finance Committee, entitled: "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." was read the first time and referred to the Resources and Finance Committees. REPORTS OF STANDING COMMITTEES HB 40 The Finance Committee has considered: HOUSE BILL NO. 40 "An Act combining parts of the Department of Commerce and Economic Development and parts of the Department of Community and Regional Affairs by transferring some of their duties to a new Department of Commerce and Rural Development; transferring some of the duties of the Department of Commerce and Economic Development and the Department of Community and Regional Affairs to other existing agencies; eliminating the Department of Commerce and Economic Development and the Department of Community and Regional Affairs; relating to the Department of Commerce and Rural Development and the commissioner of commerce and rural development; adjusting the membership of certain multi-member bodies to reflect the transfer of duties among departments and the elimination of departments; creating the office of international trade and relating to its duties; and providing for an effective date." 1999-05-05 House Journal Page 1176 HB 40 and recommends it be replaced with: CS FOR HOUSE BILL NO. 40(FIN) "An Act reorganizing certain departments in the executive branch of state government and relating to their duties; eliminating and amending certain duties and programs in the executive branch; adjusting the membership of certain multi-member bodies; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Therriault, Kohring, Davis No recommendation (5): Davies, Grussendorf, Moses, Williams, Foster The following fiscal note applies to CSHB 40(FIN): Fiscal note, Office of the Governor/Various Depts., 5/5/99 HB 40 was referred to the Rules Committee for placement on the calendar. HB 95 The Finance Committee has considered: HOUSE BILL NO. 95 "An Act making and amending appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 95(FIN) (same title) The report was signed by Representative Mulder, Co-chair, with the following individual recommendations: 1999-05-05 House Journal Page 1177 HB 95 Do pass (7): Mulder, Kohring, Davies, Grussendorf, Davis, Williams, Foster HB 95 was referred to the Rules Committee for placement on the calendar. HB 213 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 213 "An Act relating to the medical use of marijuana; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 213(HES) (same title) The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: No recommendation (3): Dyson, Whitaker, Brice Amend (2): Coghill, Kemplen The following fiscal notes apply to CSHB 213(HES): Fiscal note, Dept. of Health & Social Services, 5/5/99 Zero fiscal note, Dept. of Commerce & Economic Development, 5/5/99 HB 213 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HCR 2 The House Special Committee on Fisheries has considered: HOUSE CONCURRENT RESOLUTION NO. 2 Relating to the sovereignty of the State of Alaska and the 1999-05-05 House Journal Page 1178 HCR 2 sovereign right of the State of Alaska to manage the natural resources of Alaska. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 2(FSH) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do not pass (1): Morgan No recommendation (3): Whitaker, Hudson, Smalley The following fiscal note applies to CSHCR 2(FSH): Zero fiscal note, House Special Committee on World Trade and State/Federal Relations, 3/17/99 HCR 2 was referred to the Resources Committee. HJR 39 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 39 Urging the United States government to purchase surplus pink salmon for aid packages to the Balkans. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 39(FSH) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Morgan, Harris, Whitaker, Hudson, Smalley 1999-05-05 House Journal Page 1179 HJR 39 The following fiscal note applies to CSHJR 39(FSH): Zero fiscal note, House Special Committee on Fisheries, 5/5/99 HJR 39 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 - Sharon Richards By Representatives Rokeberg, Croft; Senator Pearce In Memoriam - J. Clair Iverson By Representatives Rokeberg, Barnes; Senator Pearce In Memoriam - Agnes Rose "Aquook" Komakhuk By Representative Foster INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 222 HOUSE BILL NO. 222 by the House Judiciary Committee by request, entitled: "An Act relating to the remedies available to judgment creditors against limited liability company members and their assignees and against limited partnership general and limited partners and their assignees; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 223 HOUSE BILL NO. 223 by Representatives Halcro, Croft and Mulder, entitled: 1999-05-05 House Journal Page 1180 HB 223 "An Act repealing a prohibition on the issuance of a restaurant or eating place license when the license applicant is a representative or owner of a certain type of business holding an alcoholic beverage license." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 224 HOUSE BILL NO. 224 by Representative Kohring by request, entitled: "An Act requiring a public employee labor organization representing employees of a school district, regional educational attendance area, or a state boarding school to give notice before striking." was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 225 HOUSE BILL NO. 225 by Representative Cowdery, entitled: "An Act relating to election campaigns and legislative ethics; and providing for an effective date." was read the first time and referred to the Judiciary Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 177 The following was read the second time: HOUSE BILL NO. 177 "An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors' records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules." 1999-05-05 House Journal Page 1181 HB 177 with the: Journal Page HES RPT CS(HES) 3DP 1NR 864 2 ZERO FISCAL NOTES (ADM, DHSS) 865 JUD RPT CS(HES) 5DP 1104 2 ZERO FISCAL NOTES (ADM, DHSS) 4/19/99 1104 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. 177(HES) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 177(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 177(HES) was read the third time. The question being: "Shall CSHB 177(HES) pass the House?" The roll was taken with the following result: CSHB 177(HES) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 4 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Williams Excused: Bunde, James, Kapsner, Kookesh Absent: Berkowitz, Whitaker 1999-05-05 House Journal Page 1182 HB 177 And so, CSHB 177(HES) 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 changes. There being no objection, it was so ordered. CSHB 177(HES) was referred to the Chief Clerk for engrossment. HB 217 The following was read the second time: HOUSE BILL NO. 217 "An Act relating to obligations and payments to the state under fishery cooperative contracts; and providing for an effective date." with the: Journal Page FIN RPT 7DP 1NR 1155 FISCAL NOTE (REV) 1155 Representative Green moved and asked unanimous consent that HB217 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 217 was read the third time. The question being: "Shall HB 217 pass the House?" The roll was taken with the following result: HB 217 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 4 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Williams 1999-05-05 House Journal Page 1183 HB 217 Excused: Bunde, James, Kapsner, Kookesh Absent: Berkowitz, Whitaker And so, HB 217 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. HB 217 was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 27 The following was read the second time: CS FOR SENATE BILL NO. 27(FIN) "An Act relating to school records and driver license records of certain children." with the: Journal Page HES RPT 4DP 2NR 622 SENATE INDETERMINATE FN (DOE) 2/25/99 622 SENATE ZERO FISCAL NOTE (ADM) 2/25/99 622 JUD RPT 4DP 1049 SENATE INDETERMINATE FN (DOE) 2/25/99 1049 SENATE ZERO FISCAL NOTE (ADM) 2/25/99 1049 FIN RPT 5DP 5NR 1106 SENATE INDETERMINATE FN (DOE) 2/25/99 1106 SENATE ZERO FISCAL NOTE (ADM) 2/25/99 1106 Amendment No. 1 was offered by Representative Dyson: Page 1, line 4, following "parent": Insert ", foster parent," Page 1, line 5, following "parent": Insert ", foster parent," 1999-05-05 House Journal Page 1184 SB 27 Page 2, line 16, following "parent": Insert ", foster parent," Page 2, line 18, following "parent": Insert ", foster parent,": Representative Dyson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. **The presence of Representative Whitaker was noted. Representative Green moved and asked unanimous consent that CSSB 27(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Joule objected. The Speaker stated that CSSB 27(FIN) am H will be in third reading on the May 6, 1999, calendar. SB 48 The following was read the second time: CS FOR SENATE BILL NO. 48(HES) "An Act relating to health insurance provided by and provisions relating to the Comprehensive Health Insurance Association." with the: Journal Page HES RPT 4DP 668 SENATE ZERO FISCAL NOTE (DCED) 2/25/99 668 L&C RPT 4DP 1NR 865 SENATE ZERO FISCAL NOTE (DCED) 2/25/99 866 Representative Green moved and asked unanimous consent that CSSB 48(HES) be considered engrossed, advanced to third reading and placed on final passage. Representative Joule objected. 1999-05-05 House Journal Page 1185 SB 48 The Speaker stated that CSSB 48(HES) will be in third reading on the May 6, 1999, calendar. THIRD READING OF SENATE BILLS SB 107 The following, which was advanced to third reading from the May 4, 1999, calendar (page 1165), was read the third time: 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 question being: "Shall CSSB 107(FIN) pass the House?" The roll was taken with the following result: CSSB 107(FIN) Third Reading Final Passage YEAS: 32 NAYS: 3 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kemplen, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Cissna, Kerttula, Ogan Excused: Bunde, James, Kapsner, Kookesh Absent: Foster And so, CSSB 107(FIN) 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. 1999-05-05 House Journal Page 1186 SB 107 Representative Kerttula gave notice of reconsideration of her vote on CSSB 107(FIN). 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 - Wells M. Stephenson By Representatives Dyson, Kott, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senators Halford, Phillips Honoring - Callan Chythlook By Representatives Kapsner, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Hudson, James, Kemplen, Kerttula, Kott, Morgan, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Douglas "Doug" Keil By Representatives Rokeberg, Porter, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams; Senator Pearce Honoring - Katherine Peter, 1999 UAF Honorary Degree Recipient By Senator Lincoln; Representatives Morgan, Porter, Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 1999-05-05 House Journal Page 1187 In Memoriam - Myron A. Stevens By Representatives Masek, Porter, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS HB 177 Representatives Smalley and Ogan added their names as cosponsors to: CS FOR HOUSE BILL NO. 177(HES) "An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors' records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules." SB 7 Representative Halcro added his name as cross sponsor to: CS FOR SENATE BILL NO. 7(FIN) am "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." SB 27 Representative Dyson added his name as cross sponsor to: CS FOR SENATE BILL NO. 27(FIN) am H "An Act relating to school records and driver license records of certain children." ENGROSSMENT HB 177 CSHB 177(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1999-05-05 House Journal Page 1188 HB 217 HB 217 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. Majority Caucus Speaker's Chamber upon adj., 5/5 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 6, 1999. There being no objection, the House adjourned at 11:19 a.m. Suzi Lowell Chief Clerk