Legislature(1999 - 2000)

2000-01-24 House Journal

Full Journal pdf

2000-01-24                     House Journal                      Page 1983
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- SECOND SESSION                  
                                                                               
Juneau, Alaska                       Monday           January 24, 2000         
                                                                               
                                Fifteenth Day                                
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 11:03 a.m.                                                           
                                                                               
Roll call showed 39 members present.  Representative Kott had been             
previously excused from a call of the House today.                             
                                                                               
The invocation was offered by the Chaplain, Connie Munro of the                
Juneau Unitarian Universalist Fellowship.  Representative Brice moved          
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
Let us hold to light all of those Alaskans who have                           
contributed to our welfare and our creativity. In honor of                     
former Representative Alvin Osterback of Sand Point and                        
Senator Frank Ferguson of Kotzebue who supported and                           
encouraged the writing of a second verse to the Alaska Flag                    
Song, and to the late author, Carol Beery Davis, who wrote it                  
in 1986 in her early nineties, may we reflect on this inclusion                
of our history:                                                                
                                                                               
                               Alaska Flag Song                              
                             Verse 1 by Marie Drake                            
                                                                               
                    Eight stars of gold on a field of blue,                    
Alaska's flag, may it mean to you;                                             
The blue of the sea, the ev'ning sky,                                          
The mountain lakes and the flow'rs near by;                                    
The gold of the early sourdough's dreams,                                      
The precious gold of the hills and streams;                                    
The brilliant stars in the northern sky,                                       

2000-01-24                     House Journal                      Page 1984
The "Bear," the "Dipper," and shining high,                                    
The great North Star with its steady light,                                    
O'er land and sea a beacon bright,                                             
Alaska's flag to Alaskan's dear,                                               
The simple flag of a last frontier.                                            
                                                                               
                                                                               
Verse 2 by Carol Beery Davis                                                   
                                                                               
A Native lad chose the Dipper's stars                                          
For Alaska's flag that there be no bars                                        
Among our cultures.  Be it known                                               
Through years the Natives' past has grown                                      
To share life's treasures, hand in hand,                                       
To keep Alaska our Great Land;                                                 
We love the northern, midnight sky,                                            
The mountains, lakes, and streams nearby.                                      
The great North Star with its steady light                                     
Will guide all cultures, clear and bright,                                     
With nature's flag to Alaskans dear,                                           
The simple flag of the last frontier.                                          
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Brice.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 12th, 13th and 14th legislative days, House Journal            
Supplement No.  5, Senate & House Joint Journal Supplement No. 9               
and House & Senate Joint Journal Supplement No. 10 be approved as              
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Dept. of Administration                                                        
Office of the Commissioner                                                     

2000-01-24                     House Journal                      Page 1985
Report on the Monetary Terms of Collective                                     
 Bargaining Agreement between the University                                   
 of Alaska and the Alaska Community College                                    
 Federation of Teachers                                                        
January 14, 2000                                                               
(as required by AS 23.40.215)                                                  
                                                                               
The Speaker referred the report to the Finance Committee.                      
                                                                               
                                                                               
Dept. of Community & Economic Development                                      
Division of Economic Development                                               
Alaska Minerals Commission                                                     
Report of the Alaska Minerals Commission                                       
January 2000                                                                   
                                                                               
Dept. of Transportation & Public Facilities                                    
Alaska Marine Highway System                                                   
AMHS Fund, Annual Financial Report                                             
Fiscal Year Ended June 30, 1999                                                
(as required by AS 19.65.080)                                                  
                                                                               
Legislative Affairs Agency                                                     
Division of Legal and Research Services                                        
Report Examining Court Decisions and Opinions                                  
 of the Attorney General Construing Alaska Statutes                            
December 1999                                                                  
(as required by AS 24.20.065)                                                  
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Alaska Raven AmeriCorps Member Graduates                            
By Representative Kapsner; Senator Hoffman                                     
                                                                               
In Memoriam - Donald James Brown                                               
By Senator Taylor                                                              
                                                                               

2000-01-24                     House Journal                      Page 1986
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 47                                                                       
HOUSE JOINT RESOLUTION NO. 47 by Representative Davis:                         
                                                                               
Proposing amendments to the Constitution of the State of Alaska               
relating to the permanent fund and to payments to certain state                
residents from the permanent fund.                                             
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 311                                                                       
HOUSE BILL NO. 311 by Representatives Coghill, Ogan, Foster,                   
Kohring, Sanders, and Harris entitled:                                         
                                                                               
"An Act eliminating a requirement that a social security number               
be provided by an applicant for a hunting or sport fishing license             
or tag."                                                                       
                                                                               
was read the first time and referred to the Resources and Judiciary            
Committees.                                                                    
                                                                               
                                                                               
HB 312                                                                       
HOUSE BILL NO. 312 by the House Finance Committee, entitled:                   
                                                                               
"An Act making and amending appropriations for the operating                  
and loan program expenses of state government, for certain                     
programs, and to capitalize funds; making 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."                                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               

2000-01-24                     House Journal                      Page 1987
HB 313                                                                       
HOUSE BILL NO. 313 by the House Finance Committee, entitled:                   
                                                                               
"An Act making appropriations for the operating and capital                   
expenses of the state's integrated comprehensive mental health                 
program; and providing for an effective date."                                 
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
HB 314                                                                       
HOUSE BILL NO. 314 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act clarifying the requirements for limited liability companies           
and partnerships to qualify for the Alaska bidder's and disability             
preferences under the State Procurement Code; and providing for                
an effective date."                                                            
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Administration/All Depts., 1/24/00                  
                                                                               
The Governor's transmittal letter dated January 21, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
I am transmitting a bill clarifying the statutory requirements for limited     
liability companies and limited liability partnerships to qualify for the      
Alaska bidder's and disability preferences under the State Procurement         
Code.                                                                          
                                                                               
Limited liability companies (LLCs) and limited liability partnerships          
(LLPs) were recently recognized in state law, well after the state             
procurement code established its Alaska bidder and disability                  
preferences.  Therefore, the procurement code preferences do not               
clearly prescribe qualification requirements for LLCs or LLPs.                 

2000-01-24                     House Journal                      Page 1988
HB 314                                                                       
By providing needed clarification and recognizing LLCs and LLPs                
under the state procurement code, this bill furthers the legislative           
objective of ensuring that Alaska businesses receive a preference while        
safeguarding application of the preferences to bonafide resident               
businesses.                                                                    
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 315                                                                       
HOUSE BILL NO. 315 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to elimination of the Alaska Administrative                  
Journal and instituting public notice requirements on the Alaska               
Online Public Notice System; amending public notice publication                
requirements for certain regulations; and providing for an effective           
date."                                                                         
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Office of the Governor, 1/24/00                              
                                                                               
                                                                               
The Governor's transmittal letter dated January 21, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
The state has made great effort and had much success in taking                 
advantage of today's electronic medium.  As part of our ongoing work           
to keep Alaska in step with the Internet age, this bill I transmit today       
eliminates the need for the hard copy publishing of the Alaska                 
Administrative Journal and replaces it with the new Alaska Online              
Public Notice System.                                                          
                                                                               

2000-01-24                     House Journal                      Page 1989
HB 315                                                                       
The Alaska Administrative Journal (journal) is a weekly public notice          
publication of the lieutenant governor's office.  It has been available in     
print by subscription as well as on the Internet.  With the increased          
efficiency and accessibility of the Internet by government agencies and        
the public, continuing to provide the journal in printed form by weekly        
subscription is neither time nor cost effective.  At this time, there are      
only 12 subscribers to the journal, a drop from about 125 in 1995.             
Only one remaining subscriber, a law firm, is based in Alaska.                 
                                                                               
The lieutenant governor will supervise use of the Alaska Online Public         
Notice System (system) and prescribe the form for agencies to post             
required notices on the system.  There is no change as to which notices        
are required to be posted.  However, under this bill, posting of public        
notices will be done directly by agencies, which means the system will         
be continually updated.  The system has an archiving function that will        
allow a person to locate a particular public notice and verify that it         
was posted as required.                                                        
                                                                               
For those who do not have personal computers, the system may be                
accessed on computers at most libraries and at other state agencies that       
provide a computer terminal for public use.  Additionally, a copy of a         
public notice that was posted on the system may be obtained from any           
designated state employee by requesting a printed copy.  Finally, the          
bill does not remove existing requirements for publication in other            
media.  State agencies will continue to be required to comply with             
those requirements relating to printing, posting, and distribution of          
public notices, such as newspaper notices for solicitations to bid and         
for meetings covered by the open meetings statutes.                            
                                                                               
                                                                               
As the result of an Administrative Order, the Alaska Online Public             
Notice System is already functioning and includes all the information          
now published in the journal.  I urge your prompt and favorable action         
on this measure.                                                               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               

2000-01-24                     House Journal                      Page 1990
HB 316                                                                       
HOUSE BILL NO. 316 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to standard industrial classification for, eligibility       
for benefits under, and the definition of 'benefit year' for, the              
Alaska Employment Security Act; and providing for an effective                 
date."                                                                         
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Labor & Workforce Development, 1/24/00              
                                                                               
                                                                               
The Governor's transmittal letter dated January 21, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
Recent amendments to federal law regarding job training and                    
unemployment insurance require the state to update certain statutory           
references in these areas.  This bill I transmit today accomplishes this       
requirement.                                                                   
                                                                               
                                                                               
Congress repealed the Job Training Partnership Act, replacing it with          
the Workforce Investment Act of 1998.  This bill makes corresponding           
changes to state law.  Similarly, the bill updates the classification          
system for employers determining their contribution rate to the                
unemployment compensation fund.  The federal Office of Management              
and Budget decided in 1997 to replace the Standard Industrial                  
Classification Code with the North American Industry Classification            
System.  The updated coding system was developed jointly by the                
United States, Canada, and Mexico to provide new comparability in              
data about business activity across North America.                             
                                                                               
                                                                               

2000-01-24                     House Journal                      Page 1991
HB 316                                                                       
The bill also clarifies that an unemployment insurance claimant is not         
entitled to benefits for the first six weeks of unemployment if                
termination was for misconduct connected with the claimant's last            
work.  Finally, the bill provides definite beginning and ending dates          
for a claimant's "benefit year."                                               
                                                                               
In order to keep Alaska's labor and unemployment statutes current with         
federal law, I urge your prompt and favorable action on this measure.          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 317                                                                       
HOUSE BILL NO. 317 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to recruitment, selection, appointment, and                  
promotion of state employees and the duties of the Department of               
Administration concerning those and other related functions; and               
providing for an effective date."                                              
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs and Finance              
Committees.                                                                    
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Administration/All Depts., 1/24/00                  
                                                                               
The Governor's transmittal letter dated January 21, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
Workplace Alaska, the state's new, highly successful system for hiring,        
has won national awards for outstanding innovation.  It is time to put         
this pilot program into state law.                                             
                                                                               

2000-01-24                     House Journal                      Page 1992
HB 317                                                                       
This bill I transmit today amends various sections of the State                
Personnel Act to integrate Workplace Alaska as an on-line recruitment,         
application, and hiring process for positions in the classified service.       
                                                                               
                                                                               
Workplace Alaska replaces the time-consuming old system of                     
eligibility lists and examinations, which could cause a single hire to         
take as much as several months to complete.  Under this new program,           
an applicant maintains a single resume on-line that can be used for any        
vacancy advertised.                                                            
                                                                               
                                                                               
The new hiring process follows these steps:                                    
                                                                               
Hiring manager completes an on-line vacancy announcement;                     
Agency reviews and approves the job announcement;                             
Division of Personnel posts the announcement on the Internet;                 
Job seekers complete a one-time applicant profile (resume);                   
Job seekers access job postings over the Internet and view                    
individual vacancies;                                                          
Job seekers file a job qualification summary form for each vacancy            
of interest, attaching the applicant profile;                                  
Hiring manager reviews all submitted job qualification summaries              
and profiles, conducts interviews, reference checks, and selects an            
individual for the position;                                                   
Agency approves the appointment.                                              
                                                                               
                                                                               
Workplace Alaska is an advantage to hiring managers as well as to              
applicants.  It results in faster hires, a better-qualified pool of            
candidates who are interested in specific vacancies, and up-to-date            
applicant and vacancy information.                                             
                                                                               
                                                                               
The bill establishes a system to continue honoring preference for              
veterans, prisoners of war and members of the Alaska National Guard.           
It also provides authority for the personnel board to adopt necessary          
implementing regulation changes.                                               
                                                                               
                                                                               

2000-01-24                     House Journal                      Page 1993
HB 317                                                                       
Workplace Alaska has proven to be a vast improvement in the state's            
hiring process.  I urge your prompt and favorable action on this               
measure.                                                                       
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HCR 15                                                                       
The following was read the second time:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 15                                            
Requesting the governor to proclaim March as Developmental                    
Disability Awareness Month.                                                    
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT   5DP                                                    1948         
	ZERO FISCAL NOTE (H.HES)                                         1949         
                                                                               
A title amendment was offered by Representative Dyson:                         
                                                                               
Page 1, line 1, following "March":                                           
	Insert "2000"                                                               
                                                                               
Representative Dyson moved and asked unanimous consent that the                
title amendment be adopted.  There being no objection, it was so               
ordered and the new title appears below:                                       
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 15                                            
Requesting the governor to proclaim March 2000 as                             
Developmental Disability Awareness Month.                                      
                                                                               
The question being:  "Shall HCR 15(title am) pass the House?"  The             
roll was taken with the following result:                                      

2000-01-24                     House Journal                      Page 1994
HCR 15                                                                       
                                                                               
HCR 15(title am)                                                               
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  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, Masek, Morgan, Moses, Mulder, Murkowski, Ogan,               
Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker,            
Williams                                                                       
                                                                               
Excused:  Kott                                                                 
                                                                               
And so, HCR 15(title am) 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 - Atsuo Tsunoda                                                       
By Representatives Grussendorf, Porter, Austerman, Berkowitz, Brice,           
Cissna, Croft, Davis, Dyson, Halcro, Hudson, Joule, Kapsner,                   
Kemplen, Kerttula, Kott, Mulder, Murkowski, Phillips, Rokeberg,                
Smalley; Senator Taylor                                                        
                                                                               
Honoring - William Schoephoester                                               
By Representatives Bunde, Porter, Austerman, Berkowitz, Brice,                 
Cissna, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Mulder,              
Murkowski, Phillips, Rokeberg, Smalley                                         
                                                                               
Honoring - Cec Riordan                                                         
By Representatives Bunde, Porter, Austerman, Barnes, Berkowitz,                
Brice, Cissna, Croft, Davis, Dyson, Green, Grussendorf, Halcro,                
Hudson, Joule, Kapsner, Kemplen, Kerttula, Kott, Mulder, Murkowski,            
Rokeberg, Smalley                                                              

2000-01-24                     House Journal                      Page 1995
Honoring - Shirley Horn                                                        
By Senator Ward; Representatives Porter, Austerman, Berkowitz,                 
Brice, Bunde, Cissna, Coghill, Croft, Davis, Dyson, Grussendorf,               
Halcro, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, Murkowski,            
Rokeberg, Smalley                                                              
                                                                               
In Memoriam - Emil Otto Herman Wegner                                          
By Representatives Harris, Porter, Austerman, Berkowitz, Brice,                
Cissna, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Hudson,              
Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski,            
Phillips, Rokeberg, Smalley; Senator Lincoln                                   
                                                                               
In Memoriam - Bill Lewis                                                       
By Representatives Davies, James, Kerttula, Porter, Austerman,                 
Berkowitz, Brice, Cissna, Coghill, Croft, Davis, Dyson, Foster,                
Grussendorf, Halcro, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kott,          
Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley                         
                                                                               
In Memoriam - Helen L. Fisher                                                  
By Representatives Smalley, Hudson, Davis, Phillips, Porter,                   
Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Dyson, Foster,              
Grussendorf, Halcro, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan,          
Mulder, Murkowski, Rokeberg; Senators Torgerson, Elton                         
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Green moved and asked unanimous consent that the                
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Davis - from 6:30 a.m., January 28 to 9:30 a.m., plane          
time, January 31, 2000                                                         
                                                                               
Representative Harris - from 9:00 a.m., February 4 to 9:00 p.m., plane         
time, February 6, 2000                                                         
                                                                               
Representative Sanders - from 6:00 p.m., February 9 to 9:30 a.m.,              
plane time, February 15, 2000                                                  
                                                                               
Representative Smalley - from 1:35 p.m., February 11 to 1:50 p.m.,             
plane time, February 14, 2000                                                  
                                                                               

2000-01-24                     House Journal                      Page 1996
Representative Halcro - from 5:00 p.m., February 11 to 9:32 a.m.,              
plane time, February 15, 2000                                                  
                                                                               
Representative Rokeberg - from 1:35 p.m., February 11 to 9:31 a.m.,            
plane time, February 15, 2000                                                  
                                                                               
Representative Whitaker - from 1:35 p.m., February 11 to 9:32 p.m.,            
plane time, February 15, 2000                                                  
                                                                               
HCR 15                                                                       
Representatives Smalley, Murkowski, and Joule added their names as             
cosponsors to:                                                                 
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 15(title am)                                  
Requesting the governor to proclaim March 2000 as                             
Developmental Disability Awareness Month.                                      
                                                                               
HJR 2                                                                        
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 2                                                  
Proposing amendments to the Constitution of the State of Alaska               
relating to a biennial state budget, to the appropriation limit, and           
to appropriations from the budget reserve fund.                                
                                                                               
HB 272                                                                       
Representative Porter added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 272                                                            
"An Act relating to the tax assessment by a home rule or general              
law municipality of housing that qualifies for the low-income                  
housing credit under the Internal Revenue Code; and providing for              
an effective date."                                                            
                                                                               
HB 298                                                                       
Representative Phillips added her name as cosponsor to:                        
                                                                               
HOUSE BILL NO. 298                                                            
"An Act requiring that health care insurers provide coverage for              
treatment of diabetes."                                                        
                                                                               
                                                                               

2000-01-24                     House Journal                      Page 1997
                                 ENGROSSMENT                                 
HCR 15                                                                       
HCR 15(title am) 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.            
                                                                               
Republican Minority Caucus          Rm. 416            upon adj., 1/24         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., January 26, 2000.  There being no              
objection, the House adjourned at 11:42 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk