Legislature(1999 - 2000)

1999-05-22 House Journal

Full Journal pdf

1999-05-22                     House Journal                      Page 1703
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
TWENTY-FIRST LEGISLATURE -- FIRST SPECIAL SESSION                              
                                                                               
Juneau, Alaska                      Saturday              May 22, 1999         
                                                                               
                                  Third Day                                  
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 12:23 p.m.                                                           
                                                                               
Roll call showed 33 members present.  Representative Moses was                 
absent and later excused (page 1708).  Representative Kapsner was              
absent and her presence was noted later. Representatives Brice,                
Kemplen, Masek and Sanders were absent.                                        
                                                                               
Representative Green moved and asked unanimous consent that                    
Representative Ogan be excused until plane time, this evening.  There          
being no objection, it was so ordered.                                         
                                                                               
                                                                               
The invocation was offered by the Chaplain Designee, Representative            
Bunde.  Representative Davies moved and asked unanimous consent                
that the invocation be spread on the journal.  There being no objection,       
it appears below:                                                              
                                                                               
                                                                               
Oh!  Almighty and Everlasting God, Creator of Heaven, Earth                   
and the Universe,                                                              
                                                                              
Help us to be, to think, to act what is right, because it is right:           
                                                                               
make us truthful, honest, and honorable in all things;                        
                                                                               
make us intellectually honest for the sake of right and honor                 
and without thought of reward to ourselves.                                    
                                                                               
                                                                               

1999-05-22                     House Journal                      Page 1704
Give us the ability to be charitable, forgiving and patient with              
our fellowmen--help me to understand their motives and their                   
shortcomings--even as Thou understandest mine!  Amen                           
                                                                               
	(A prayer favored by President Harry S. Truman)                              
                                                                               
The Pledge of Allegiance was led by Representative Therriault.                 
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 120th legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HCR 14                                                                       
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 14                                            
Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                
the Alaska State Legislature, concerning Senate Bill No. 11,                   
relating to good time credits for prisoners serving sentences of               
imprisonment for certain murders.                                              
                                                                               
HCR 14 was referred to the Chief Clerk for enrollment.                         
                                                                               
                                                                               
HJR 27                                                                       
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 27(STA)                                     
Relating to the maritime boundary between Alaska and the former               
Union of Soviet Socialist Republics.                                           
                                                                               
CSHJR 27(STA) was referred to the Chief Clerk for enrollment.                  
                                                                               

1999-05-22                     House Journal                      Page 1705
HB 84                                                                        
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
HOUSE BILL NO. 84                                                             
"An Act relating to international airports revenue bonds; and                 
providing for an effective date."                                              
                                                                               
HB 84 was referred to the Chief Clerk for enrollment.                          
                                                                               
HB 87                                                                        
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
HOUSE BILL NO. 87                                                             
"An Act relating to money credited to the account of the state in             
the unemployment trust fund by the Secretary of the Treasury of                
the United States; and providing for an effective date."                       
                                                                               
HB 87 was referred to the Chief Clerk for enrollment.                          
                                                                               
HB 157                                                                       
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
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."                                                        
                                                                               
HB 157 was referred to the Chief Clerk for enrollment.                         
                                                                               
HB 167                                                                       
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 167(L&C)                                                
"An Act repealing required registration for mobile home dealers;              
and providing for an effective date."                                          
                                                                               

1999-05-22                     House Journal                      Page 1706
HB 167                                                                       
CSHB 167(L&C) was referred to the Chief Clerk for enrollment.                  
                                                                               
HB 199                                                                       
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 199(FIN)                                                
"An Act relating to compensation for certain state employees; and             
providing for an effective date."                                              
                                                                               
CSHB 199(FIN) was referred to the Chief Clerk for enrollment.                  
                                                                               
                                                                               
HB 227                                                                       
A message dated May 19, 1999, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 227(RES) am                                             
"An Act making up to 160 acres of land available for selection by             
the Matanuska-Susitna Borough."                                                
                                                                               
CSHB 227(RES) am was referred to the Chief Clerk for enrollment.               
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Father Thomas Neal Gallagher                                        
By Representative Joule; Senator Adams                                         
                                                                               
and                                                                            
                                                                               
Honoring - Cpl. Michael Rodey, United States Marine Corps                      
By Senator Tim Kelly                                                           
                                                                               
which was taken up as a Special Order of Business.                             
                                                                               
                                                                               

1999-05-22                     House Journal                      Page 1707
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Green moved and asked unanimous consent that the                
notice and publication requirements be waived and the citation,                
Honoring - Cpl. Michael Rodey, United States Marine Corps, be taken            
up as a Special Order of Business at this time.  There being no                
objection, it was so ordered.                                                  
                                                                               
Representative Green moved and asked unanimous consent that all                
members of the House be shown as cosponsors of the citation.  There            
being no objection, it was so ordered.                                         
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
Honoring - Cpl. Michael Rodey, United States Marine Corps                      
By Senator Tim Kelly; Representatives 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, Moses, Mulder, Murkowski, Ogan, Phillips, Rokeberg,             
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 1001                                                                      
HOUSE BILL NO. 1001 by the House Rules Committee by request,                   
entitled:                                                                      
                                                                               
"An Act authorizing an advisory vote on a long term financial plan            
for the state; and providing for an effective date."                           
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
**The presence of Representative Kapsner was noted.                            
                                                                               
                                                                               

1999-05-22                     House Journal                      Page 1708
                             UNFINISHED BUSINESS                             
                                                                               
Representative Green moved and asked unanimous consent that                    
Representative Moses be excused from a call of the House to                    
9:25p.m., plane time, May 24, 1999.  There being no objection, it was          
so ordered.                                                                    
                                                                               
                                   * * * * *                                   
                                                                               
John Carter, House Page, performed his rap song "Another Day in the            
Life of a House Page," and received a standing ovation from the body.          
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Finance Committee                                      3:00 p.m., 5/22         
                                                                               
Minority Caucus                Speaker's Chamber     upon recess, 5/22         
                                                                               
The Speaker stated that, without objection the House would recess to           
a call of the Chair; and so, the House recessed at 12:42 p.m.                  
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 3:05 p.m.                        
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HCR 12                                                                       
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 11:50 a.m.,           
May 21, 1999:                                                                  
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 12 am                                         
Relating to the state's interest in oil and gas company mergers and           
establishing a Joint Special Committee on Mergers as a joint                   
committee of the legislature.                                                  
                                                                               

1999-05-22                     House Journal                      Page 1709
HB 40                                                                        
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 12:10 p.m.,           
May 22, 1999:                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) am S                              
"An Act merging certain departments in the executive branch of                
state government; changing the names of certain departments in                 
the executive branch of state government; transferring duties                  
among departments and offices in the executive branch of state                 
government; providing that certain discretionary duties formerly               
performed by the Department of Community and Regional Affairs                  
are mandatory in the department to which those duties are                      
transferred; relating to the licensing of child care facilities; relating      
to the division of vocational rehabilitation; relating to the Alaska           
Human Resource Investment Council; adjusting the membership                    
of certain multi-member bodies; providing that a certain                       
commissioner may designate department employees to serve in the                
commissioner's place on a board, council, or similar entity;                   
providing for advice to be given by a department head to the                   
governor and other commissioners on the delivery of government                 
services to rural areas and providing for recommendations to be                
made to the governor and other commissioners by that same                      
commissioner about policy changes that would affect rural                      
governments and rural affairs; relating to the federal community               
development quota program; eliminating references to the division              
of tourism; eliminating a reference to manpower training programs;             
eliminating references to the director and deputy director of                  
international trade; eliminating the requirement for a local advisory          
committee for consideration of rural electrification loans; and                
providing for an effective date."                                              
                                                                               
The following memorandum dated May 21, 1999, was received from                 
Jill Bryson, Enrolling Secretary, Division of Legal and Research               
Services:                                                                      
                                                                               
"In accordance with Rule 43, Uniform Rules, I am reporting the                 
following manifest error in SCS CSHB 40(FIN) am S that has been                
corrected in enrolling:                                                        
                                                                               

1999-05-22                     House Journal                      Page 1710
HB 40                                                                        
Page 54, line 11:                                                              
	Delete "borough"                                                          
	Insert "Borough"                                                          
                                                                               
Page 54, line 20:                                                              
	Delete "Borough"                                                          
	Insert "Boroughs"                                                         
                                                                               
                                                                               
Page 71, line 20:                                                              
	Delete "AS 44.33.782"                                                         
	Insert "AS 44.33.781"                                                         
                                                                               
Page 88, line 8:                                                               
	Delete "91"                                                                   
	Insert "92"                                                                   
                                                                               
                                                                               
Page 88, line 9:                                                               
	Delete "91"                                                                   
	Insert "92"                                                                   
                                                                               
Page 88, line 10:                                                              
	Delete "91"                                                                   
	Insert "92"                                                                   
                                                                               
Page 88, line 27, following "Act,":                                            
	Insert "the amendment made to AS 14.42.015(a)(5) by sec. 12 of                
this Act,"                                                                     
                                                                               
                                                                               
Page 88, line 28:                                                              
	Delete "9 - 13"                                                               
	Insert "9 - 11, 13"                                                           
                                                                               
Page 88, line 29:                                                              
	Delete "91"                                                                   
	Insert "92""                                                                  
                                                                               
                                                                               

1999-05-22                     House Journal                      Page 1711
HB 68                                                                        
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 3:40 p.m.,            
May 21, 1999:                                                                  
                                                                               
HOUSE BILL NO. 68                                                             
"An Act extending the termination date of the Board of Pharmacy               
to June 30, 2005; and providing for an effective date."                        
                                                                               
HB 78                                                                        
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 3:40 p.m.,            
May 21, 1999:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 78(TRA)                                                 
"An Act relating to transfer of a vehicle title by the owner; and             
providing for an effective date."                                              
                                                                               
HB 94                                                                        
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 3:40 p.m.,            
May 21, 1999:                                                                  
                                                                               
HOUSE BILL NO. 94                                                             
"An Act removing employees of the Alcoholic Beverage Control                  
Board from the exempt service."                                                
                                                                               
HB 101                                                                       
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 3:40 p.m.,            
May 21, 1999:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 101(L&C)                                                
"An Act relating to the mailing requirements that must be followed            
by the commissioner of commerce and economic development to                    

1999-05-22                     House Journal                      Page 1712
HB 101                                                                       
involuntarily dissolve certain organized entities; relating to the            
reinstatement of corporations that are public utilities and that have          
been involuntarily dissolved; and providing for an effective date."            
                                                                               
HB 102                                                                       
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 3:40 p.m.,            
May 21, 1999:                                                                  
                                                                               
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."                 
                                                                               
The following memorandum dated May 19, 1999, was received from                 
Jill Bryson, Enrolling Secretary, Division of Legal and Research               
Services:                                                                      
                                                                               
"In accordance with Rule 43, Uniform Rules, I am reporting the                 
following manifest error in HB 102 that has been corrected in                  
enrolling:                                                                     
                                                                               
Page 1, line 13:                                                               
	Delete "health-care"                                                          
	Insert "health care"                                                          
                                                                               
Page 2, line 12, following "claims in":                                        
	Delete "The"                                                                  
                                                                               
Page 3, line 1:                                                                
	Delete "master settlement agreement"                                        
	Insert "Master Settlement Agreement"                                        
                                                                               
Page 3, line 2:                                                                
	Delete "master settlement agreement"                                          
	Insert "Master Settlement Agreement"                                          
                                                                               

1999-05-22                     House Journal                      Page 1713
HB 102                                                                       
Page 3, line 4:                                                                
	Delete "The"                                                                  
                                                                               
Page 3, line 7:                                                                
	Delete "state -"                                                              
	Insert "state,"                                                               
                                                                               
Page 3, line 8:                                                                
	Delete "intermediaries -"                                                     
	Insert "intermediaries,"                                                      
                                                                               
Page 5, line 6:                                                                
	Delete "that"                                                                 
	Insert "the"                                                                  
                                                                               
Page 5, line 7:                                                                
	Delete "to"                                                                   
	Following "days,"                                                             
	Insert "to"                                                                   
                                                                               
Page 5, line 13, following "manufacturer":                                     
	Insert ","                                                                    
                                                                               
Page 5, line 14, following "days":                                             
	Insert ","                                                                    
                                                                               
Page 5, line 19, following "manufacturer"                                      
	Insert ","                                                                    
                                                                               
Page 5, line 20, following "days":                                             
	Insert ","                                                                    
                                                                               
Page 5, line 26, following "manufacturer":                                     
	Insert ","                                                                    
	Following "days"                                                              
	Insert ","                                                                    
                                                                               
Page 6, line 2:                                                                
	Delete "attorneys"                                                            
	Insert "attorney""                                                            

1999-05-22                     House Journal                      Page 1714
HB 109                                                                       
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 10:20 a.m.,           
May 22, 1999:                                                                  
                                                                               
SENATE CS FOR 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."                              
                                                                               
                                                                               
HB 143                                                                       
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 10:20 a.m.,           
May 22, 1999:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 143(L&C)                                                
"An Act relating to the executive officer employed for the Real               
Estate Commission, to the real estate surety fund, and to                      
employees paid from money in the real estate surety fund."                     
                                                                               
                                                                               
HB 156                                                                       
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 10:20 a.m.,           
May 22, 1999:                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN)                                  
"An Act relating to investments by the Alaska Permanent Fund                  
Corporation; and providing for an effective date."                             
                                                                               
The following memorandum dated May 21, 1999, was received from                 
Jill Bryson, Enrolling Secretary, Division of Legal and Research               
Services:                                                                      
                                                                               
"In accordance with Rule 43, Uniform Rules, I am reporting the                 
following manifest error in SCS CSHB 156(FIN) that has been                    
corrected in enrolling:                                                        
                                                                               

1999-05-22                     House Journal                      Page 1715
HB 156                                                                       
Page 7, line 6:                                                                
	Delete "(A)"                                                              
	Insert "(1)"                                                              
                                                                               
Page 7, line 8:                                                                
	Delete "(B)"                                                              
	Insert "(2)""                                                             
                                                                               
                                                                               
HB 158                                                                       
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 10:20 a.m.,           
May 22, 1999:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 158(L&C)                                                
"An Act relating to the annual report of the director of the division         
of insurance and to notice of cancellation of personal insurance."             
                                                                               
                                                                               
HB 177                                                                       
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 11:50 a.m.,           
May 21, 1999:                                                                  
                                                                               
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."                                                                        
                                                                               
                                                                               
HB 187                                                                       
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 10:20 a.m.,           
May 22, 1999:                                                                  
                                                                               

1999-05-22                     House Journal                      Page 1716
HB 187                                                                       
CS FOR HOUSE BILL NO. 187(FIN)                                                
"An Act removing a requirement that a certificate of need is                  
needed before elimination of a category of health services                     
provided by a health care facility; prohibiting a person from                  
converting a building or part of a building to a nursing home that             
requires licensure unless authorized by a certificate of need; setting         
a standard of review for applications for certificates of need                 
relating to nursing homes and nursing home beds and relating to                
that standard of review; providing that the standard of review for             
applications for certificates of need for beds other than nursing              
home beds or for a health care facility other than a nursing home              
is the availability and quality of existing health care resources or           
the accessibility to those resources compared to the current or                
projected requirement for health services required to maintain the             
good health of citizens of this state; defining the term 'nursing              
home bed'; eliminating statutory references to the office of                   
planning and research in the Department of Health and Social                   
Services; and providing for an effective date."                                
                                                                               
                                                                               
HB 208                                                                       
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 11:50 a.m.,           
May 21, 1999:                                                                  
                                                                               
SENATE CS FOR HOUSE BILL NO. 208(L&C)                                         
"An Act relating to professional counselors; and providing for an             
effective date."                                                               
                                                                               
                                                                               
HB 209                                                                       
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 11:50 a.m.,           
May 21, 1999:                                                                  
                                                                               
SENATE CS FOR HOUSE BILL NO. 209(FIN)                                         
"An Act amending the size of grants for which the Alaska Science              
and Technology  Foundation must allocate at least 50 percent of                

1999-05-22                     House Journal                      Page 1717
HB 209                                                                       
endowment income and amending the maximum amount of the                       
grant that the Alaska Science and Technology Foundation may                    
award for development of the Kodiak launch complex and                         
Fairbanks satellite ground station space park; and providing for an            
effective date."                                                               
                                                                               
HB 216                                                                       
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 10:20 a.m.,           
May 22, 1999:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 216(TRA)                                                
"An Act relating to school buses."                                            
                                                                               
HB 217                                                                       
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 11:50 a.m.,           
May 21, 1999:                                                                  
                                                                               
HOUSE BILL NO. 217                                                            
"An Act relating to obligations and payments to the state under               
fishery cooperative contracts; and providing for an effective date."           
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 1:00 p.m., May 23, 1999.  There being no                   
objection, the House adjourned at 3:06 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk