Legislature(1999 - 2000)
2000-03-17 House Journal
Full Journal pdf2000-03-17 House Journal Page 2583 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 17, 2000 Sixty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:13 a.m. Roll call showed 35 members present. Representatives Green and Harris had been previously excused from a call of the House today. Representatives Barnes, Brice, 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 Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord of all nations and all peoples, we rejoice today in a special servant of Yours, St. Patrick. Irish or not, Catholic or not, we all dance a gleeful jig on this joyous feast day. Lord of bishops, bakers, and legislators, we thank You for sprinkling people among us like Patrick. His green feast day gives us all a chance to wear the green of spring and of life. Four days from now our old friend, Winter, will loose his lease on life. Packing up his ice and snow, his chilly winds and frosty breath, he'll soon be gone. The green of this day foretells of rich vegetation soon to grace our countryside here in Juneau. It proclaims the fresh and new to the tired and weary. It announces to one and all that Spring is on her way! 2000-03-17 House Journal Page 2584 Glory for Spring and saintly Patrick, whose feast of songs and jokes, of dancing feet and faerie folks, will be for us the eve of springtime. Lord of all seasons, Winter is on his deathbed, but song and mirth are greening all around us. Blessed be St. Patrick, bishop and man of prayer. Blessed be all the great people and us wee folk as well. Amen. The Pledge of Allegiance was led by Representative Smalley. CERTIFICATION OF THE JOURNAL Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the journal for the 67th legislative day and Senate & House Joint Journal Supplement No. 14 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following reports were received: Dept. of Community & Economic Development Division of Banking, Securities, and Corporations Alaska Growth Capital BIDCO, Inc. Economic Development Effect March 14, 2000 (as required by AS 10.13.590) Dept. of Public Safety Alaska Highway Safety Planning Agency 1999 Annual Report REPORTS OF STANDING COMMITTEES HJR 56 The Finance Committee has considered: 2000-03-17 House Journal Page 2585 HJR 56 HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife. The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (4): Therriault, Phillips, Williams, Foster Do not pass (1): Davies No recommendation (1): Austerman Amend (1): Bunde The following fiscal note applies: Fiscal note, Office of the Governor, 3/3/00 HJR 56 was referred to the Rules Committee for placement on the calendar. HB 297 The State Affairs Committee has considered: HOUSE BILL NO. 297 "An Act relating to the certificate of need program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 297(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Hudson 2000-03-17 House Journal Page 2586 HB 297 No recommendation (3): Smalley, Kerttula, Whitaker The following fiscal note applies to CSHB 297(STA): Zero fiscal note, Dept. of Health & Social Services, 3/17/00 HB 297 was referred to the Rules Committee for placement on the calendar. HB 337 The Finance Committee has considered: HOUSE BILL NO. 337 "An Act relating to claims against permanent fund dividends to pay certain amounts owed to state agencies and to fees for processing claims against and assignments of permanent fund dividends; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 337(JUD) "An Act relating to claims against permanent fund dividends to pay amounts owed to the Department of Labor and Workforce Development under the Alaska Employment Security Act and to fees for processing certain claims against permanent fund dividends; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Bunde, Williams, Phillips, Foster No recommendation (4): Austerman, Davies, Moses, Davis The following fiscal notes apply to CSHB 337(JUD): Fiscal note, Dept. of Labor & Workforce Development, 2/4/00 Zero fiscal note, Dept. of Revenue, 2/23/00 2000-03-17 House Journal Page 2587 HB 337 HB 337 was referred to the Rules Committee for placement on the calendar. HB 380 The Finance Committee has considered: HOUSE BILL NO. 380 "An Act relating to contributions to the Alaska Fire Standards Council and to an insurer tax credit for those contributions; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 380(L&C) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Therriault, Austerman, Davis, Williams, Phillips, Foster No recommendation (2): Bunde, Davies The following fiscal notes apply to CSHB 380(L&C): Fiscal note, Dept. of Community & Economic Development, 3/17/00 Zero fiscal note, Dept. of Public Safety, 2/23/00 HB 380 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Anchorage Youth Station, A Valuable Community Asset By Senator Ellis 2000-03-17 House Journal Page 2588 Commemorating - National Medical Laboratory Week, April 2-8, 2000 By Senator Torgerson Honoring - Otis & Diane Marsh, Homestead Restaurant By Senator Taylor CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 289 The following was read the second time: HOUSE BILL NO. 289 "An Act relating to transportation of members of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine highway system and the Alaska Railroad; and relating to the Alaska State Defense Force." with the: Journal Page MLV RPT 6DP 2174 2 ZERO FISCAL NOTES (DOT, H.MLV/DCED) 2175 TRA RPT 5DP 2304 FISCAL NOTE (DOT) 2/11/00 2304 ZERO FISCAL NOTE (H.MLV/DCED) 2/11/00 2304 FIN REFERRAL WAIVED 2405 **The presence of Representative Therriault was noted. Representative Foster moved and asked unanimous consent that HB289 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB289 was read the third time. The question being: "Shall HB289 pass the House?" The roll was taken with the following result: 2000-03-17 House Journal Page 2589 HB 289 HB 289 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Green, Harris Absent: Barnes, Brice And so, HB289 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 250 The following was read the second time: 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." with the: Journal Page FIN RPT HCS(FIN) 5DP 5NR 2575 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) (same title) 2000-03-17 House Journal Page 2590 SB 250 There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that HCS CSSB 250(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 250(FIN) was read the third time. **The presence of Representative Barnes was noted. The question being: "Shall HCS CSSB 250(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 250(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Green, Harris Absent: Brice And so, HCS CSSB 250(FIN) passed the House. Representative Foster moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Foster moved that the House adopt the appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska. 2000-03-17 House Journal Page 2591 SB 250 The question being: "Shall the appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, be adopted?" The roll was taken with the following result: HCS CSSB 250(FIN) Third Reading Constitutional Budget Reserve Appropriation YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Green, Harris Absent: Brice And so, the constitutional budget reserve fund appropriation was adopted. HCS CSSB 250(FIN) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 313 The following, which was advanced to third reading from the March16, 2000, calendar (page 2573), was read the third time: CS FOR HOUSE BILL NO. 313(FIN) am "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." The question being: "Shall CSHB 313(FIN) am pass the House?" The roll was taken with the following result: 2000-03-17 House Journal Page 2592 HB 313 CSHB 313(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Excused: Green, Harris Absent: Brice, Sanders And so, CSHB 313(FIN) am passed the House. Representative Foster moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 313(FIN) am was referred to the Chief Clerk for engrossment. HOUSE BILLS IN THIRD READING HB 312 The following, which had been read a third time and held to today's calendar (page 2579), was again before the House: 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. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." **The presence of Representative Brice was noted. 2000-03-17 House Journal Page 2593 HB 312 Representative Brice declared a conflict of interest. **Representative Sanders had been previously excused from a call of the House today (page 2581). Representative Mulder placed a call of the House. The Speaker stated that, without objection, the House would revert to: INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 434 HOUSE BILL NO. 434 by the House Rules Committee, entitled: "An Act naming the Ted Stevens Anchorage International Airport." was read the first time and referred to the Transportation Committee. CONSIDERATION OF THE DAILY CALENDAR (Continued) HOUSE BILLS IN THIRD READING HB 312 The call was satisfied for CSHB 312(FIN) am. The question being: "Shall CSHB 312(FIN) am pass the House?" The roll was taken with the following result: CSHB 312(FIN) am Third Reading Final Passage YEAS: 23 NAYS: 14 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Halcro, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams 2000-03-17 House Journal Page 2594 HB 312 Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Moses, Smalley Excused: Green, Harris, Sanders And so, CSHB 312(FIN) am passed the House. Representative Foster moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 312(FIN) am Third Reading Effective Date YEAS: 25 NAYS: 12 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Halcro, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Excused: Green, Harris, Sanders And so, lacking the necessary 27 votes, the effective date clause was not adopted. Representative Foster moved that the House adopt the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska. The question being: "Shall the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, be adopted?" The roll was taken with the following result: 2000-03-17 House Journal Page 2595 HB 312 CSHB 312(FIN) am(efd fld) Third Reading Constitutional Budget Reserve Appropriations YEAS: 24 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Halcro, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Excused: Green, Harris, Sanders And so, lacking the necessary 30 votes, the constitutional budget reserve fund appropriations were not adopted. The new title appears below: CS FOR HOUSE BILL NO. 312(FIN) am(brf sup maj fld)(efd fld) "An Act making and amending appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds." CSHB 312(FIN) am(brf sup maj fld)(efd fld) was referred to the Chief Clerk for engrossment. 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 - Eek School, Winners Academic Alaska State Championship By Senator Hoffman; Representatives Kapsner, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Williams 2000-03-17 House Journal Page 2596 Honoring - 2000 CHARR Charles H. Selman Scholarship Recipients By Senator Pearce; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Williams In Memoriam - Paul P. Fennimore By Senator Taylor; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Williams In Memoriam - Christopher Patrick Hale By Senator Green; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Williams UNFINISHED BUSINESS HB 297 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 297 "An Act relating to the certificate of need program; and providing for an effective date." HB 297 was removed from the Rules Committee and referred to the Finance Committee. 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: Representative Kott - from 7:18 p.m., March 17 to 9:31 a.m., plane time, March 20, 2000 2000-03-17 House Journal Page 2597 Representative Williams - from 2:30 p.m., March 17 to 10:00 p.m., plane time, March 19, 2000 HB 434 Representative Halcro moved and asked unanimous consent that Rule23(a) of the Uniform Rules be waived on the following: HOUSE BILL NO. 434 "An Act naming the Ted Stevens Anchorage International Airport." Objection was heard. Representative Halcro moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 382 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 382 "An Act relating to the licensing of social workers and to the use of the title 'social worker' without a license; and providing for an effective date." HB 382 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 275 Representative Therriault declared a possible conflict of interest on the following: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) "An Act relating to the Uniform Probate Code, including trusts and governing instruments; relating to trustees; relating to underproductive trust property; and relating to conveyances of real property and interests in real property by or to trusts." CSSSHB 275(JUD) passed the House on March 15, 2000 (page 2497). 2000-03-17 House Journal Page 2598 HB 398 The Labor & Commerce Committee submitted a corrected committee substitute for their report (page 2420). The following bill is being reprinted today: CS FOR HOUSE BILL NO. 398(L&C) "An Act relating to the Alaska Life and Health Insurance Guaranty Association." HB 398 is in the Judiciary Committee. HB 289 Representative Smalley added his name as cosponsor to: HOUSE BILL NO. 289 "An Act relating to transportation of members of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine highway system and the Alaska Railroad; and relating to the Alaska State Defense Force." ENGROSSMENT HB 289 HB 289 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 312 CSHB 312(FIN) am(brf sup maj fld)(efd fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 313 CSHB 313(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 250 HCS CSSB 250(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2000-03-17 House Journal Page 2599 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee 1:30 p.m., 3/17 Added Bills Previously Heard/Scheduled SB 7 Increase Land Grant to Univ. Of Alaska Judiciary Committee 1:00 p.m., 3/17 meeting CHANGED TO: 1:30 p.m., 3/17 Resources Committee 1:00 p.m., 3/17 meeting CHANGED TO: 1:30 p.m., 3/17 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 20, 2000. There being no objection, the House adjourned at 12:55 p.m. Suzi Lowell Chief Clerk