Legislature(1999 - 2000)
2000-03-16 House Journal
Full Journal pdf2000-03-16 House Journal Page 2563 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday March 16, 2000 Sixty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:02 a.m. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Porter turned the gavel over to President Pearce who called the joint session to order at 10:03a.m. The purpose of the joint session was to hear an address by the Honorable Ted Stevens, U.S. Senator. Senator Leman moved and asked unanimous consent that the roll call of the Senate and the House be waived and all members be shown as present. There being no objection, it was so ordered. President Pearce appointed Representative Phillips and Senator Tim Kelly to escort the Senator to the joint session. The House Sergeant-at-arms announced the Senator's entrance into the House Chamber. Senator Stevens was escorted to the rostrum and welcomed by President Pearce. Senator Stevens delivered his address and it is published in Senate & House Joint Journal Supplement No. 14. A question and answer period followed the conclusion of the Senator's speech. Senator Stevens received a standing ovation and was escorted from the Chamber by Representative Phillips and Senator Tim Kelly. 2000-03-16 House Journal Page 2564 Senator Leman moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 11:06 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:15 a.m. Roll call showed 32 members present. Representative Green had been previously excused from a call of the House today. Representative Moses had been previously excused from a call of the House until noon, plane time, today. Representatives Brice, Davies, Kookesh, Mulder, Sanders, and Therriault were absent and their presence was noted later. The invocation was offered by Father Tony Dummer, IMO, of the Catholic Church of St. Paul the Apostle. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord, Eternal God, We are about to begin our meeting, and we do so with the awareness that without Your Presence here at the center of our meeting -- and also within ourselves -- our work will be empty. Grace us with Your Wisdom; grace us with Your Vision; gift us with humor and humility so that not only this meeting but all our lives may be a meeting place for all of us here in Alaska to share life. We ask this through Your Spirit. Amen. The Pledge of Allegiance was led by Representative Morgan. 2000-03-16 House Journal Page 2565 CERTIFICATION OF THE JOURNAL Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the journal for the 66th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 186 A message dated March 15, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 186(FIN) "An Act relating to a University of Alaska postsecondary education savings program, to the Alaska Higher Education Savings Trust, and to the Alaska advance college tuition savings fund; and providing for an effective date." Chapter No. 3, SLA 2000 Effective Date: March 16, 2000 **The presence of Representative Mulder was noted. COMMUNICATIONS The following reports were received: Dept. of Public Safety Office of the Commissioner Notification of Activities of the Narcotic Drugs and Alcohol Enforcement Unit Report Available on Internet at http://www.dps.state.ak.us/ast/cib/SDEU.htm March 15, 2000 (as required by AS 18.65.085) 2000-03-16 House Journal Page 2566 Dept. of Revenue Treasury Division Annual Report on the Constitutional Budget Reserve Fund March 15, 2000 (as required by AS 37.10.430) REPORTS OF STANDING COMMITTEES HB 292 The State Affairs Committee has considered: HOUSE BILL NO. 292 "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; making certain conforming amendments; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): James No recommendation (4): Smalley, Kerttula, Hudson, Whitaker The following fiscal note applies: Zero fiscal note, Dept. of Public Safety, 1/21/00 HB 292 was referred to the Judiciary Committee. **The presence of Representative Kookesh was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Eek School, Winners Academic Alaska State Championship By Senator Hoffman; Representative Kapsner 2000-03-16 House Journal Page 2567 Honoring - 2000 CHARR Charles H. Selman Scholarship Recipients By Senator Pearce In Memoriam - Paul P. Fennimore By Senator Taylor In Memoriam - Christopher Patrick Hale By Senator Green **The presence of Representative Sanders was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 313 The following, which had been held to today's calendar (page 2558), was read the second time: HOUSE BILL NO. 313 "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." with the: Journal Page FIN RPT CS(FIN) 6DP 4NR 2448 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 313(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Mulder: 2000-03-16 House Journal Page 2568 HB 313 Page 2, line 26: Under Appropriation Items: Delete "4,175,400" Insert "4,501,200" Under General Funds: Delete "3,873,500" Insert "4,199,300" Page 2, line 28: Under Allocations: Delete "235,100" Insert "560,900" Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. **The presence of Representative Davies was noted. Amendment No. 2 was offered by Representative Kerttula: Page 2, line 20: Under Appropriation Items: Delete "1,452,500" Insert "1,807,500" Under General Funds: Delete "1,302,500" Insert "1,657,500" Page 2, line 21: Under Allocations: Delete "1,326,500" Insert "1,681,500" 2000-03-16 House Journal Page 2569 HB 313 Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. **The presence of Representative Therriault was noted. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 313(FIN) am Second Reading Amendment No. 2 YEAS: 13 NAYS: 21 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Cissna, Croft, Davies, Dyson, Grussendorf, Halcro, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Foster, Harris, Hudson, Kohring, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Green, Moses Absent: Brice, James, Kott, Ogan And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Cissna: Page 3, line 12: Under Appropriation Items: Delete "6,194,600" Insert "6,294,600" Under General Funds: Delete "5,604,200" Insert "5,704,200" 2000-03-16 House Journal Page 2570 HB 313 Page 3, line 14: Under Allocations: Delete "747,900" Insert "847,900" Representative Cissna moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 313(FIN) am Second Reading Amendment No. 3 YEAS: 10 NAYS: 24 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Cissna, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Halcro, Harris, Hudson, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Green, Moses Absent: Brice, Croft, James, Kott And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Cissna: Page 3, line 12: Under Appropriation Items: Delete "6,194,600" Insert "6,294,600" 2000-03-16 House Journal Page 2571 HB 313 Under General Funds: Delete "5,604,200" Insert "5,704,200" Page 3, line 19: Under Allocations: Delete "4,056,300" Insert "4,156,300" Representative Cissna moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 313(FIN) am Second Reading Amendment No. 4 YEAS: 10 NAYS: 24 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Cissna, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Halcro, Harris, Hudson, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Green, Moses Absent: Brice, Croft, James, Kott And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Cissna: 2000-03-16 House Journal Page 2572 HB 313 Page 2, line 15: Under Appropriation Items: Delete "3,639,400" Insert "3,989,300" Under General Funds: Delete "2,131,300" Insert "2,481,200" Page 2, line 18: Under Allocations: Delete "3,041,100" Insert "3,391,000" Representative Cissna moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Davis objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 313(FIN) am Second Reading Amendment No. 5 YEAS: 10 NAYS: 25 EXCUSED: 2 ABSENT: 3 Yeas: Berkowitz, Cissna, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Halcro, Harris, Hudson, James, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Green, Moses Absent: Brice, Croft, Kott And so, Amendment No. 5 was not adopted. 2000-03-16 House Journal Page 2573 HB 313 The Speaker stated that CSHB 313(FIN) am will be in third reading on the March 17, 2000, calendar. **The presence of Representative Brice was noted. The Speaker stated that, without objection, the House would recess until 4:30 p.m.; and so, the House recessed at 11:58 a.m. AFTER RECESS The Speaker called the House back to order at 4:44 p.m. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HB 350 The Judiciary Committee has considered: HOUSE BILL NO. 350 "An Act repealing the statutory bars to the State of Alaska's prosecution of a criminal act that resulted in a conviction or acquittal by the United States, another state, or territory." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Croft, Green, Kott, James Do not pass (1): Rokeberg No recommendation (1): Murkowski A Judiciary Committee letter of intent for HB 350, signed by Representative Kott, Chair, appears below: "It is the intent of the Legislature, in repealing AS 12.20.010 and AS 11.71.310, to allow the State to prosecute all criminal conduct that has a direct impact on the citizens of Alaska, when the State's interests have not been adequately vindicated in a prosecution by another 2000-03-16 House Journal Page 2574 HB 350 jurisdiction. It is not the intent of the Legislature to encourage multiple prosecutions if the State's interests have been upheld by the prosecution in another jurisdiction. Rather, when criminal conduct in violation of the laws of Alaska has occurred, and the State's compelling interest in achieving justice for Alaska and its people has not been sufficiently vindicated, Alaska statutes should not bar the State from pursuing a criminal action." The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 2/7/00 Zero fiscal note, Dept. of Law, 2/7/00 HB 350 was referred to the Finance Committee. HB 379 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 379 "An Act relating to credited service under the public employees' retirement system for peace officers and fire fighters on leave without pay or receiving workers' compensation benefits because of certain on-the-job injuries." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 379(STA) "An Act relating to credited service under the public employees' retirement system for peace officers and fire fighters receiving workers' compensation benefits because of certain on-the-job injuries." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass ( 4): James, Hudson, Smalley, Kerttula No recommendation (1): Whitaker 2000-03-16 House Journal Page 2575 HB 379 The following fiscal note applies to CSSSHB 379(STA): Zero fiscal note, Dept. of Administration, 3/16/00 SSHB 379 was referred to the Finance Committee. SB 231 The Transportation Committee has considered: SENATE BILL NO. 231 "An Act naming the Alaska Native Veterans' Honor Bridge." The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (6): Masek, Kookesh, Halcro, Hudson, Kohring, Kemplen The following fiscal note applies: Senate zero fiscal note, Dept. of Transportation & Public Facilities, 2/23/00 SB 231 was referred to the Rules Committee for placement on the calendar. SB 250 The Finance Committee has considered: CS FOR SENATE BILL NO. 250(FIN) am "An Act making supplemental appropriations; amending appropriations; making an appropriation to capitalize a fund; making a reappropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) (same title) 2000-03-16 House Journal Page 2576 SB 250 The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Phillips, Therriault, Mulder, Foster, Davies No recommendation (5): Bunde, Austerman, Grussendorf, Davis, Williams CSSB 250(FIN) am was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR (Continued) SECOND READING OF SENATE BILLS SB 176 The following was read the second time: CS FOR SENATE BILL NO. 176(RLS) "An Act permitting a physical fitness facility to limit public accommodation to only males or only females." with the: Journal Page L&C RPT 3DP 3NR 2452 SENATE ZERO FISCAL NOTE (GOV) 1/26/00 2453 Amendment No. 1 was offered by Representatives Croft and Halcro: Page 1, line 7, following "users." insert: "Public accommodation may be limited under this subsection only to those rooms in the facility that are primarily used for weight loss, aerobic, and other exercises, or for resistance weight training. Public accommodation may not be limited under this subsection to rooms in the facility primarily used for other purposes, including conference rooms, dining rooms, and taverns. This subsection does not apply to swimming pools or golf courses." 2000-03-16 House Journal Page 2577 SB 176 Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. Amendment to Amendment No. 1 was offered by Representative Rokeberg: Delete "taverns" Insert "premises licensed under AS 04.11" Representative Rokeberg moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSB 176(RLS) Second Reading Amendment No. 1 as amended YEAS: 32 NAYS: 4 EXCUSED: 1 ABSENT: 3 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Coghill, Kohring, Ogan, Rokeberg Excused: Green Absent: Austerman, Grussendorf, Moses And so, Amendment No. 1 as amended was adopted. 2000-03-16 House Journal Page 2578 SB 176 Representative Foster moved and asked unanimous consent that CSSB 176(RLS) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 176(RLS) am H was read the third time. The question being: "Shall CSSB 176(RLS) am H pass the House?" The roll was taken with the following result: CSSB 176(RLS) am H Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Berkowitz, Kerttula, Ogan Excused: Green Absent: Grussendorf, Moses And so, CSSB 176(RLS) am H passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 312 The following, which was advanced to third reading from the March15, 2000, calendar (page 2558), was read the third time: CS FOR HOUSE BILL NO. 312(FIN) am "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. 2000-03-16 House Journal Page 2579 HB 312 IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The Speaker stated that, without objection, CSHB 312(FIN) am will be held to the March 17, 2000, calendar. LEGISLATIVE CITATIONS Representative Foster 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 - Gene and Pat Newman, Volunteers Extraordinaire By Representatives Masek, Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Anna-Noel Sonnenschein By Representatives Murkowski, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - East Anchorage High School Girls Track and Field, 1998 State 4A Champions By Senator Tim Kelly; Representatives Barnes, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-03-16 House Journal Page 2580 In Memoriam - Ryan Daniel Keyes By Representatives Halcro, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Pearce In Memoriam - Hugh Albert Johnson By Representatives Kohring, Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Joseph Lake By Representatives Brice, Porter, Austerman, Berkowitz, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Wilken In Memoriam - John King By Senator Green; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Clyde F. Smith By Senator Parnell; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS Representative Foster 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: 2000-03-16 House Journal Page 2581 Representative Sanders - from noon, March 17 to 9:30 a.m., plane time, March 20, 2000 Representative Masek - from 7:18 a.m., March 18 to 9:31 a.m., plane time, March 20, 2000 Representative Murkowski - from 7:18 a.m., March 18 to 6:30 p.m., plane time, March 20, 2000 (amended from page 2429) Representative Brice - from 7:18 p.m., March 27 to 9:31 a.m., plane time, March 29, 2000 ENGROSSMENT SB 176 CSSB 176(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HCR 20 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 1:00 p.m., March 16, 2000: HOUSE CONCURRENT RESOLUTION NO. 20 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 17, 2000. There being no objection, the House adjourned at 5:37 p.m. Suzi Lowell Chief Clerk