Legislature(1999 - 2000)
2000-01-26 House Journal
Full Journal pdf2000-01-26 House Journal Page 2001 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday January 26, 2000 Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:07 a.m. Roll call showed 34 members present. Representatives Coghill, Kapsner and Morgan had been previously excused from a call of the House today. Representative Barnes was excused from a call of the House today due to illness. Representative Kerttula was absent and her presence was noted later. Representative Moses was absent. The invocation was offered by Connie Munro of the Juneau Unitarian Universalist Fellowship. Representative Phillips moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: It goes without saying that families of legislators put in as much time for Alaskans as they do -- campaigning, taking care of the household, respecting around the clock meetings and endless reading time, and keeping a pure profile. May we reflect on a verse of a poem written by Diana Tillion, wife of Senator Clem Tillion of Homer, as published in the Poetry Society of Alaska's '76 edition titled: To a Statesman A Statesman there you stand; you make the law. You diligently work toward justice's goal. Indeed, your match is seldom seen, you draw The undecided minds and gain control. 2000-01-26 House Journal Page 2002 There is no other mind to which I'd hand With greater trust the future of my State. Because you hold this power to rule the land And humbled though I am by your love's rate; The knowledge of its consequence I see, Albeit a lovely consequence it shares, Besides the devastating one that frees The vicious, jealous tongue beyond repairs. And I, in a minute form to your estate Must set and hold example for my mate. The Pledge of Allegiance was led by Representative Phillips. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 15th and 16th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated January 25, 2000, was read stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 11:00 a.m., January 28 to hear an address by the Honorable Frank Murkowski, U.S. Senator. COMMUNICATIONS The following report was received: Dept. of Natural Resources Division of Forestry 1999 Annual Report on the State Land Reforestation Fund January 19, 2000 (as required by AS 41.17.320) 2000-01-26 House Journal Page 2003 The following audit report was received: Division of Legislative Budget & Audit Legislative Budget & Audit Committee (as required by AS 24.30.311) Dept. of Military & Veterans' Affairs Alaska National Guard Review of Selected Board of Inquiry Issues November 24, 1999 REPORTS OF STANDING COMMITTEES HJR 2 The Judiciary Committee has considered: 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. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 2(JUD) Proposing amendments to the Constitution of the State of Alaska relating to the duration of regular sessions of the legislature and to a biennial state budget. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Croft, Murkowski, Green, Kott No recommendation (1): Rokeberg The following fiscal note applies to CSHJR 2(JUD): Fiscal note, Office of the Governor, 1/26/00 HJR 2 was referred to the Finance Committee. 2000-01-26 House Journal Page 2004 HB 25 The Resources Committee has considered: HOUSE BILL NO. 25 "An Act relating to a municipal river habitat protection tax credit." The report was signed by Representative Masek, Co-chair, with the following individual recommendations: Do pass (7): Hudson, Joule, Kapsner, Whitaker, Harris, Morgan, Cowdery No recommendation (2): Barnes, Masek The following fiscal notes apply: Zero fiscal note, House Resources Committee/Dept. of Community & Economic Development, 1/26/00 Zero fiscal note, House Resources Committee/Dept. of Fish & Game, 1/26/00 HB 25 was referred to the Rules Committee for placement on the calendar. HB 105 The Labor & Commerce Committee has considered: HOUSE BILL NO. 105 "An Act providing for the licensing of speech-language pathologists; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 105(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Harris, Rokeberg 2000-01-26 House Journal Page 2005 HB 105 No recommendation (2): Murkowski, Cissna The following fiscal note applies to CSHB 105(L&C): Fiscal note, Dept. of Community & Economic Development, 1/26/00 HB 105 was referred to the Finance Committee. HB 190 The Labor & Commerce Committee has considered: HOUSE BILL NO. 190 "An Act relating to viatical settlement contracts." and recommends it be replaced with: CS FOR HOUSE BILL NO. 190(L&C) "An Act relating to viatical settlement transactions; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Harris, Rokeberg No recommendation (5): Halcro, Sanders, Brice, Cissna, Murkowski The following fiscal notes apply to CSHB 190(L&C): Zero fiscal note, Dept. of Community & Economic Development, 1/26/00 Zero fiscal note, House Labor & Commerce Committee/Dept. of Community & Economic Development, 1/26/00 HB 190 was referred to the Judiciary Committee. 2000-01-26 House Journal Page 2006 REPORTS OF SPECIAL COMMITTEES A letter dated January 24, 2000, was received from Senator Halford, Chair, Joint Special Committee on Mergers, with attached documents and correspondence pertaining to the proposed merger between BP Amoco p.l.c. and ARCO, and are on file in the Chief Clerk's office. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Vincent Nusunginya - Eagle Scout By Representatives Phillips, Davis, Smalley In Memoriam - Len Mackler By Representatives James, Davies INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 48 HOUSE JOINT RESOLUTION NO. 48 by Representative Phillips: Relating to the free flow of people and the fair trade of goods and services across the border between the United States and Canada. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 318 HOUSE BILL NO. 318 by Representative Bunde, entitled: "An Act relating to property disposal by law enforcement agencies." 2000-01-26 House Journal Page 2007 HB 318 was read the first time and referred to the Judiciary and Finance Committees. HB 319 HOUSE BILL NO. 319 by the House Rules Committee by request of the Governor, entitled: "An Act providing for and relating to the issuance of state guaranteed transportation revenue anticipation bonds for the purpose of paying the cost of transportation projects that qualify for federal highway aid and the allocation of those bond proceeds; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Revenue, 1/26/00 Zero fiscal note, Dept. of Transportation & Public Facilities, 1/26/00 The Governor's transmittal letter dated January 24, 2000, appears below: "Dear Speaker Porter: Today I am transmitting a bill that would authorize the issuance of $350,000,000 in transportation revenue anticipation bonds to finance the accelerated construction of several transportation projects throughout the state. In recent years Alaskas allocation of federal highway funds has dramatically increased to approximately $350 million annually. Despite an aggressive six-year state transportation plan that addresses continued improvements to the states highways, marine transportation, local roads and trails throughout the state, many important transportation needs remain unaddressed. We must do all we can -- as 2000-01-26 House Journal Page 2008 HB 319 soon as we can -- to keep up with those critical needs. Now, thanks to an innovative federal program, we have an opportunity to build our transportation infrastructure statewide in the near future, rather than the long-term. The projects to be financed with bond proceeds would all qualify for federal highway aid. Because of this qualification, future federal highway aid can be used to pay most of the principal and interest that will be due on the bonds. It might also be possible to use interest earned on bond proceeds to satisfy federal requirements for state match money. The advantage of this method of financing is to allow the state to obtain enough money to begin construction of these vital projects now without having to wait for federal highway aid in the future. The projects set out in the bill -- from Southeast Alaska to Anchorage to Fairbanks to Kotzebue -- address pressing transportation needs that cannot be funded with federal dollars over the next 10 years or more. Using this approach can also save money by avoiding inflationary costs that would accrue to each project if left for future construction. The bonds would be secured by a state guarantee to bondholders. The guarantee will afford the bonds the state's favorable credit rating and will make them a readily marketable security to potential investors. The guarantee is provided by using the authorization process for general obligation bonds. This process requires approval of the bill by the legislature and ratification by the voters at the next general election. I urge your prompt and favorable action on this innovative approach to accelerate important transportation projects. Sincerely, /s/ Tony Knowles Governor" 2000-01-26 House Journal Page 2009 HB 320 HOUSE BILL NO. 320 by Representative Harris, entitled: HOUSE BILL NO. 320 "An Act approving the application for and acceptance of a grant of certain federal land by the Alaska Railroad Corporation; approving the conveyance of the entire interest in the Whittier DeLong Dock and associated uplands, tidelands, and submerged lands by the Alaska Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock and associated land; and providing for an effective date." was read the first time and referred to the Transportation, Community & Regional Affairs, and Finance Committees. HB 321 HOUSE BILL NO. 321 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the confidentiality of investigations, court hearings, and court and public agency information in child in need of aid matters; relating to immunity regarding disclosure of information in child in need of aid matters; amending Rules 3 and 22, Alaska Rules of Child in Need of Aid; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary, and Finance Committees. The following fiscal notes apply: Fiscal notes (2), Dept. of Health & Social Services, 1/26/00 Fiscal note, Dept. of Law, 1/26/00 Zero fiscal notes (2), Dept. of Administration, 1/26/00 Zero fiscal note, Dept. of Public Safety, 1/26/00 The Governor's transmittal letter dated January 25, 2000, appears below: 2000-01-26 House Journal Page 2010 HB 321 "Dear Speaker Porter: As part of my administration's continuing effort to improve Alaska's child protection system, I am transmitting a bill that will open to the public information that has generally been closed -- court hearings, court records and state agency records in child in need of aid (CINA) matters. The issues surrounding public disclosure in children's matters can quickly become complicated, but the goal of this bill is simple: Shed more light on the child protection system and the system will improve. I believe public support for the approach taken in this bill will grow when the tragic circumstances affecting so many young lives are more fully understood, along with the daily challenges faced by those who work so hard to protect children. Concerns have been raised during the past few years about the state's confidentiality laws. These laws were created to protect the privacy of children and their families. But they also have the practical effect of limiting public oversight and understanding of the goals and activities of our child protection agencies. In response to growing concerns, I established the Governor's Task Force on Confidentiality of Children's Matters, consisting of state and media officials. I asked the task force to determine whether Alaska's confidentiality laws could be relaxed with minimal infringement on the privacy of children, and whether we could design a more open system without jeopardizing child protection programs and continued receipt of federal funding. This bill reflects the task force recommendations to allow greater public access to court hearings, court records and records of state agencies concerning child protection activities. Amending our CINA statutes and court rules requires thoughtful planning. Thus, the bill will not be effective until July 1, 2001 approximately one full year after it is signed into law. It also requires a report back to the public and legislature by December 2002 to assess these new procedures and make recommendations to address any problems that may arise. 2000-01-26 House Journal Page 2011 HB 321 More specifically, the bill affects CINA cases in the following ways: Court hearings would be opened to the public with limited exceptions -- for example, if the court determines an open hearing would emotionally harm a child, or when other state or federal laws require closed hearings. Court records would be opened unless a federal or state law prohibits the release. State agency records would be made available to the public in some cases, such as responding to allegations surrounding harm to a child in state custody. We have launched many initiatives in the past years to make Alaska a healthier, safer place for our children. But we can and must do more. This bill is the next step in our continuing efforts to protect young Alaskans. Sincerely, /s/ Tony Knowles Governor" **The presence of Representative Kerttula was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 266 The following was read the second time: HOUSE BILL NO. 266 "An Act renaming the Palmer-Wasilla Highway as the James Arland Rowland, Jr., Memorial Highway." 2000-01-26 House Journal Page 2012 HB 266 with the: Journal Page TRA RPT CS(TRA) NT 5DP 1952 ZERO FISCAL NOTE (DOT) 1952 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 266(TRA) "An Act designating the James Arland Rowland, Jr., Memorial Highway." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 266(TRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 266(TRA) was read the third time. The question being: "Shall CSHB 266(TRA) pass the House?" The roll was taken with the following result: CSHB 266(TRA) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Barnes, Coghill, Kapsner, Morgan Absent: Moses And so, CSHB 266(TRA) passed the House and was referred to the Chief Clerk for engrossment. 2000-01-26 House Journal Page 2013 SECOND READING OF HOUSE RESOLUTIONS HCR 16 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 16 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to standing committees; and providing for an effective date. with the: Journal Page RLS RPT CS(RLS) 3DP 1NR 1949 ZERO FISCAL NOTE (H.RLS/LEG) 1949 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Green: Page 1, line 14, following "System": Insert ", the Department of Corrections," Representative Green moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected and withdrew his objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Cissna: Page 1, line 4: Delete "(a)" 2000-01-26 House Journal Page 2014 HCR 16 Page 2, following line 21: Insert "(b) The committee chairs ¦CHAIRMENá are authorized to form such subcommittees as they determine to be necessary." Representative Cissna moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Green objected. Amendment to Amendment No. 2 was offered by Representative Cissna: Following "(b) The": Delete "committee chairs" Insert "persons who chair the committees" Representative Cissna moved and asked unanimous consent that amendment to Amendment No.2 be adopted. Representative Ogan objected. Representative Cissna moved and asked unanimous consent to withdraw amendment to Amendment No. 2 and Amendment No. 2. Representative Ogan objected. The question being: "Shall amendment to Amendment No. 2 and Amendment No. 2 be withdrawn?" The roll was taken with the following result: CSHCR 16(RLS) am Second Reading Withdraw Am to Am No. 2 and Amendment No. 2 YEAS: 28 NAYS: 6 EXCUSED: 4 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kookesh, Kott, Masek, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams 2000-01-26 House Journal Page 2015 HCR 16 Nays: Foster, Halcro, Kohring, Mulder, Ogan, Sanders Excused: Barnes, Coghill, Kapsner, Morgan Absent: Bunde, Moses And so, the motion passed. New Amendment No. 2 was offered by Representative Cissna: Page 1, line 4: Delete "(a)" Page 2, line 22: Insert "(b) The persons who chair the committees ¦COMMITTEE CHAIRMENá are authorized to form such subcommittees as they determine to be necessary." Representative Cissna moved and asked unanimous consent that New Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall New Amendment No. 2 be adopted?" The roll was taken with the following result: CSHCR 16(RLS) am Second Reading New Amendment No. 2 YEAS: 26 NAYS: 9 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, Joule, Kemplen, Kerttula, Kookesh, Kott, Masek, Murkowski, Phillips, Porter, Smalley, Whitaker, Williams Nays: Foster, Halcro, James, Kohring, Mulder, Ogan, Rokeberg, Sanders, Therriault Excused: Barnes, Coghill, Kapsner, Morgan 2000-01-26 House Journal Page 2016 HCR 16 Absent: Moses And so, New Amendment No. 2 was adopted. The question being: "Shall CSHCR 16(RLS) am pass the House?" The roll was taken with the following result: CSHCR 16(RLS) am Second Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Ogan, Sanders Excused: Barnes, Coghill, Kapsner, Morgan Absent: Moses And so, CSHCR 16(RLS) am passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the resolution be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Ogan gave notice of reconsideration of his vote on CSHCR 16(RLS) am. Representative Brice moved and asked unanimous consent that the reconsideration of CSHCR 16(RLS) am be taken up on the same day. Objection was heard. Representative Brice moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 2000-01-26 House Journal Page 2017 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 - Alaska Raven AmeriCorps Member Graduates By Representatives Kapsner, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kookesh, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Williams; Senator Hoffman In Memoriam - Donald James Brown By Senator Taylor; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kerttula, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Williams 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 Kapsner - from 7:23 p.m., January 27 to 9:32 p.m., plane time, January 31, 2000 Representative Whitaker - from 7:23 p.m., January 27 to 7:55 p.m., plane time, January 30, 2000 Representative Cowdery - from 7:00 a.m., January 27 to 9:30 p.m., plane time, January 30, 2000 Representative Moses - from 6:30 a.m., January 28 to 9:30 p.m., plane time, January 31, 2000 Representative Joule - from 7:15 a.m., January 27 to 9:32 p.m., plane time, January 28, 2000 Representative Davies - from 7:15 a.m. January 28 to 9:22 a.m., plane time, January 31, 2000 2000-01-26 House Journal Page 2018 Representative Sanders - from noon, January 28 to 9:30 a.m., plane time, January 31, 2000 Representative Masek - from 1:35 p.m., January 28 to 9:22 a.m., plane time, January 31, 2000 Representative Berkowitz - from 2:05 p.m., January 28 to 1:20 p.m., plane time, February 3, 2000 Representative Kemplen - from 1:35 p.m., January 28 to 9:22 a.m., plane time, January 31, 2000 Representative Kott - from 7:15 a.m., February 3 to 9:22 a.m., plane time, February 7, 2000 HJR 46 HOUSE JOINT RESOLUTION NO. 46 was not introduced. HJR 35 Representative Sanders added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 35 Relating to requesting the United States Congress to repeal the "Brady Handgun Protection Act". HB 18 Representative Cowdery added his name as cosponsor to: HOUSE BILL NO. 18 "An Act making a special appropriation from the earnings reserve account to the principal of the permanent fund; and providing for an effective date." HB 266 Representatives Ogan, Croft, Smalley, and Harris added their names as cosponsors to: CS FOR HOUSE BILL NO. 266(TRA) "An Act designating the James Arland Rowland, Jr., Memorial Highway." 2000-01-26 House Journal Page 2019 HB 272 Representative Kemplen 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 311 Representative Therriault added his name as cosponsor to: HOUSE BILL NO. 311 "An Act eliminating a requirement that a social security number be provided by an applicant for a hunting or sport fishing license or tag." ENGROSSMENT HB 266 CSHB 266(TRA) 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. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:30 a.m., January 28, 2000. There being no objection, the House adjourned at 11:40 a.m. Suzi Lowell Chief Clerk