Legislature(1999 - 2000)
2000-03-20 House Journal
Full Journal pdf2000-03-20 House Journal Page 2605 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 20, 2000 Seventy-first Day Pursuant to adjournment, the House was called to order by Speaker Porter at 11:06 a.m. Roll call showed 35 members present. Representatives Kohring and Murkowski had been previously excused from a call of the House today. Representative Williams' previous excuse (page 2597) was extended through today. Representative Therriault was absent and his presence was noted later. Representative Green moved and asked unanimous consent that Representative Whitaker be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Reverend Robert D. Nicholson of the Chapel by the Lake Presbyterian Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Thankful for the land and people of this state by whose voice we have been called to serve, let us pray: Creator of mountains and glaciers and streams; life and law giver and dreamer of dreams, We pause in thanksgiving, amazed at Your grace. Equip us with wisdom for work in this place. Creator of peoples and races and tribes, not bound by church steeples or what myth describes, 2000-03-20 House Journal Page 2606 Alaska, her people -- that diversity is here, O lead us with wisdom in this our new year. Creator of river and forest and snow, eternal life giver, whose presence we know, Your voice is resounding in storm, wind and wave. May Your love now surround us, embracing to save. Amen. The Pledge of Allegiance was led by Representative Masek. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 68th, 69th, and 70th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR An Amendment to the Declaration of Disaster Emergency (page 2136) dated March 17, 2000, expanding the disaster area was received and is on file in the Chief Clerk's office. MESSAGES FROM THE SENATE SB 176 A message dated March 17, 2000, was read stating the Senate has concurred in the House amendment to CSSB 176(FIN), thus adopting: CS FOR SENATE BILL NO. 176(RLS) am H "An Act permitting a physical fitness facility to limit public accommodation to only males or only females." A message dated March 17, 2000, was read stating the Senate has passed the following, and it is transmitted for consideration: 2000-03-20 House Journal Page 2607 FIRST READING AND REFERENCE OF SENATE BILLS SB 163 CS FOR SENATE BILL NO. 163(RLS) by the Senate Rules Committee, entitled: "An Act relating to trusts, to a trustee's duties to notify and inform beneficiaries, and to the revocation, modification, termination, reformation, construction, and trustees of trusts." was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES HB 42 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 42 "An Act relating to civil liability for certain false or improper allegations in a civil pleading or for certain improper acts relating to a civil action; amending Rule 82(b), Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 42(JUD) "An Act relating to civil liability for certain false or improper allegations in a civil pleading or for certain improper acts relating to a civil action; amending Rules 79 and 82(b), Alaska Rules of Civil Procedure." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Rokeberg, James, Kott Do not pass (1): Croft 2000-03-20 House Journal Page 2608 HB 42 No recommendation (1): Murkowski Amend (1): Kerttula The following fiscal note applies to CSSSHB 42(JUD): Fiscal note, Dept. of Law, 3/20/00 SSHB 42 was referred to the Finance Committee. **The presence of Representative Therriault was noted. HB 204 The Finance Committee has considered: HOUSE BILL NO. 204 "An Act relating to elk farming." and recommends it be replaced with: CS FOR HOUSE BILL NO. 204(RES) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Austerman, Davis, Phillips, Foster No recommendation (4): Bunde, Davies, Grussendorf, Moses The following fiscal notes apply to CSHB 204(RES): Fiscal note, Dept. of Natural Resources, 3/20/00 Fiscal note, Dept. of Fish & Game, 3/8/00 Zero fiscal note, Dept. of Environmental Conservation, 3/8/00 HB 204 was referred to the Rules Committee for placement on the calendar. 2000-03-20 House Journal Page 2609 HB 304 The Finance Committee has considered: HOUSE BILL NO. 304 "An Act relating to issuance and sale of revenue bonds to fund drinking water projects, to creation of an Alaska clean water administrative fund and an Alaska drinking water administrative fund, to fees to be charged in connection with loans made from the Alaska clean water fund and the Alaska drinking water fund, and to clarification of the character and permissible uses of the Alaska drinking water fund; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 304(FIN) "An Act relating to issuance and sale of revenue bonds to fund drinking water projects, to the Alaska clean water fund, to creation of an Alaska clean water administrative fund and an Alaska drinking water administrative fund, to fees to be charged in connection with loans made from the Alaska clean water fund and the Alaska drinking water fund, and to clarification of the character and permissible uses of the Alaska drinking water fund; amending Rule 3, Alaska Rules of Civil Procedure; 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, Davis, Phillips, Foster No recommendation (4): Austerman, Davies, Grussendorf, Williams The following fiscal notes apply to CSHB 304(FIN): Fiscal note, Dept. of Environmental Conservation, 1/21/00 Zero fiscal note, Dept. of Revenue, 1/21/00 HB 304 was referred to the Rules Committee for placement on the calendar. 2000-03-20 House Journal Page 2610 HB 318 The Finance Committee has considered: HOUSE BILL NO. 318 "An Act relating to property disposal by law enforcement agencies." and recommends it be replaced with: CS FOR HOUSE BILL NO. 318(JUD) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Therriault, Bunde, Austerman, Davies, Davis, Phillips, Foster No recommendation (2): Grussendorf, Moses The following fiscal note applies to CSHB 318(JUD): Zero fiscal note, Dept. of Public Safety, 3/1/00 HB 318 was referred to the Rules Committee for placement on the calendar. HB 416 The Labor & Commerce Committee has considered: HOUSE BILL NO. 416 "An Act relating to insurance coverage for prostate cancer screening." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Brice, Cissna, Rokeberg No recommendation (2): Murkowski, Halcro 2000-03-20 House Journal Page 2611 HB 416 The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 3/20/00 Zero fiscal note, Dept. of Community & Economic Development, 3/20/00 HB 416 was referred to the Health, Education & Social Services Committee. HB 429 The Resources Committee has considered: HOUSE BILL NO. 429 "An Act extending the termination date for the vessel permit moratoria for the Bering Sea Korean hair crab fishery and the weathervane scallop fishery; and providing for an effective date." The report was signed by Representative Hudson, Co-chair, with the following individual recommendations: Do pass (2): Whitaker, Hudson No recommendation (4): Cowdery, Kapsner, Joule, Morgan The following fiscal note applies: Zero fiscal note, Dept. of Fish & Game, 3/20/00 HB 429 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Donovan K. Walsh, Eagle Scout By Representative Foster 2000-03-20 House Journal Page 2612 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 435 HOUSE BILL NO. 435 by the House Rules Committee by request of the Legislative Council, entitled: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 436 HOUSE BILL NO. 436 by the House Judiciary Committee, entitled: "An Act relating to regulation of certain utilities by home rule or first class municipalities; and providing for an effective date." was read the first time and referred to the House Special Committee on Utility Restructuring, and the Community & Regional Affairs and Labor & Commerce Committees. HB 437 HOUSE BILL NO. 437 by the House Community & Regional Affairs Committee, entitled: "An Act relating to the reinstatement of Native corporations; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 335 The following was read the second time: 2000-03-20 House Journal Page 2613 HB 335 HOUSE BILL NO. 335 "An Act relating to information contained in retirement system records; relating to retirement boards; relating to procedures and hearings under state retirement systems; relating to benefits for reemployed retired members of retirement systems; relating to eligibility for normal retirement for members of the teachers' retirement system who have Alaska BIA credited service; relating to disability benefits for members of state retirement systems; relating to deduction of premiums from retirement benefits; relating to protection of, and assignment and transfer of, amounts held in retirement systems; relating to retirement benefits for certain employees earning high salaries; relating to qualified domestic relations orders in state retirement systems; relating to the definition of 'retirement fund' in the teachers' retirement system; relating to membership of state employees in the teachers' retirement system; relating to refund of contributions made to the judicial retirement system or to the former elected public officers retirement system and repayment of refunded contributions in those systems; relating to self-insurance and excess loss insurance for persons receiving benefits from a state retirement system; relating to participation of elected officials in the public employees' retirement system; relating to reinstatement of credited service in the public employees' retirement system after a refund because of certain levies; relating to the level income option benefit under the public employees' retirement system; relating to participation of employees of political subdivisions and public organizations in the public employees' retirement system; relating to penalties for attempts to defraud the public employees' retirement system; relating to the definition of 'pension fund' in the public employees' retirement system; relating to calculation of years of service and of benefits under the public employees' retirement system for noncertificated employees of certain educational employers; and relating to individual accounts maintained for members of the former elected public officers retirement system." with the: Journal Page STA RPT CS(STA) NT 2DP 3NR 2271 FISCAL NOTE (ADM) 2273 2000-03-20 House Journal Page 2614 HB 335 FIN RPT CS(FIN) NT 3DP 5NR 2354 FISCAL NOTE (ADM) 2/23/00 2356 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. 335(FIN) "An Act relating to information contained in retirement system records; relating to retirement boards; relating to procedures and hearings under state retirement systems; relating to benefits for reemployed retired members of retirement systems; relating to eligibility for normal retirement for members of the teachers' retirement system who have Alaska BIA credited service; relating to disability benefits for members of state retirement systems; relating to deduction of premiums from retirement benefits; relating to protection of, and assignment and transfer of, amounts held in retirement systems; relating to retirement benefits for certain employees earning high salaries; relating to qualified domestic relations orders in state retirement systems; relating to the definition of 'retirement fund' in the teachers' retirement system; relating to membership of state employees in the teachers' retirement system; relating to refund of contributions made to the judicial retirement system or to the former elected public officers retirement system and repayment of refunded contributions in those systems; relating to self-insurance and excess loss insurance for persons receiving benefits from a state retirement system; relating to participation of elected officials in the public employees' retirement system; relating to the level income option benefit under the public employees' retirement system; relating to participation of employees of political subdivisions and public organizations in the public employees' retirement system; relating to crimes for defrauding a state retirement system; relating to the definition of 'pension fund' in the public employees' retirement system; relating to calculation of years of service and of benefits under the public employees' retirement system for noncertificated employees of certain educational employers; and relating to individual accounts maintained for members of the former elected public officers retirement system." There being no objection, it was so ordered. 2000-03-20 House Journal Page 2615 HB 335 Amendment No. 1 was offered by Representative Kerttula: Page 8, line 19, following "(c)": Insert "or (d)" Page 9, line 2: Delete "a new subsection" Insert "new subsections" Page 9, following line 6: Insert a new subsection to read: "(d) A person receiving benefits under this chapter who intends to join or who belongs to a retirement organization may authorize the administrator to deduct from the person's benefits the amount of dues owed to the organization. The person shall make the authorization in writing on a form approved by the administrator. The authorization shall remain in effect until revoked in writing. The revocation is effective when received by the administrator. The administrator may, by regulation, assess a reasonable administrative fee to compensate the system for administration of this subsection. In this subsection, "retirement organization" means an organization representing persons receiving benefits under this chapter that is affiliated with an organization representing employees of the employer under AS23.40.070 - 23.40.260." Page 12, line 21, following "subsection": Insert ", in (e) of this section," Page 13, following line 6: Insert a new subsection to read: "(e) A person receiving benefits under this chapter who intends to join or who belongs to a retirement organization may authorize the administrator to deduct from the person's benefits the amount of dues owed to the organization. The person shall make the authorization in writing on a form approved by the administrator. The authorization shall remain in effect until revoked in writing. A revocation is effective when received by the administrator. The administrator may, by regulation, assess a 2000-03-20 House Journal Page 2616 HB 335 reasonable administrative fee to compensate the system for administration of this subsection. In this subsection, "retirement organization" means an organization representing persons receiving benefits under this chapter that is affiliated with an organization representing employees of the employer under AS23.40.070 - 23.40.260." Page 24, line 11, following "(b)": Insert "or (c)" Page 24, line 23: Delete "a new subsection" Insert "new subsections" Page 24, following line 27: Insert a new subsection to read: "(c) A person receiving benefits under this chapter who intends to join or who belongs to a retirement organization may authorize the administrator to deduct from the person's benefits the amount of dues owed to the organization. The person shall make the authorization in writing on a form approved by the administrator. The authorization shall remain in effect until revoked in writing. A revocation is effective when received by the administrator. The administrator may, by regulation, assess a reasonable administrative fee to compensate the system for administration of this subsection. In this subsection, "retirement organization" means an organization representing persons receiving benefits under this chapter that is affiliated with an organization representing employees of the employer under AS23.40.070 - 23.40.260." Representative Kerttula moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2000-03-20 House Journal Page 2617 HB 335 CSHB 335(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 23 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault Excused: Kohring, Murkowski, Whitaker, Williams And so, Amendment No. 1 was not adopted. Representative Green moved and asked unanimous consent that CSHB 335(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 335(FIN) was read the third time. Representative Smalley moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Smalley was required to vote. The question being: "Shall CSHB 335(FIN) pass the House?" The roll was taken with the following result: CSHB 335(FIN) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 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, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault 2000-03-20 House Journal Page 2618 HB 335 Excused: Kohring, Murkowski, Whitaker, Williams And so, CSHB 335(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 357 The following was read the second time: HOUSE BILL NO. 357 "An Act relating to the redemption of shares of certain Alaska corporations." with the: Journal Page L&C RPT 5DP 2329 ZERO FISCAL NOTE (DCED) 2330 JUD RPT 5DP 2450 ZERO FISCAL NOTE (DCED) 2/28/00 2451 Representative Green moved and asked unanimous consent that HB357 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 357 was read the third time. The question being: "Shall HB 357 pass the House?" The roll was taken with the following result: HB 357 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 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, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault Excused: Kohring, Murkowski, Whitaker, Williams 2000-03-20 House Journal Page 2619 HB 357 And so, HB 357 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 - Anchorage Youth Station, A Valuable Community Asset By Senator Ellis; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Commemorating - National Medical Laboratory Week, April 2-8, 2000 By Senator Torgerson; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Otis & Diane Marsh, Homestead Restaurant By Senator Taylor; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS HB 416 The Speaker added a Finance Committee referral to follow the Health, Education & Social Services Committee referral for the following: HOUSE BILL NO. 416 "An Act relating to insurance coverage for prostate cancer screening." 2000-03-20 House Journal Page 2620 HB 416 HB 416 is in the Health, Education & Social Services Committee. 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 Kohring - from 9:36 p.m., March 20 to 9:34 p.m., plane time, March 21, 2000 Representative Green - from 7:18 p.m., March 23 to 9:34 p.m., plane time, March 25, 2000 Representative Morgan - from 7:00 p.m., March 24 to 9:30 p.m., plane time, March 26, 2000 Representative Masek - from 1:35 p.m., March 24 to 9:31 am, plane time, March 27, 2000 Representative Dyson - from 10:00 a.m., March 28 to 11:30 p.m., March 28, 2000 HB 298 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 298 "An Act requiring that health care insurers provide coverage for treatment of diabetes." ENGROSSMENT HB 335 CSHB 335(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 357 HB 357 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2000-03-20 House Journal Page 2621 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Labor & Commerce Committee 3:15 p.m., 3/20 Added Bills Previously Heard/Scheduled HB 419 Workers' Compensation ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 21, 2000. There being no objection, the House adjourned at 11:45 a.m. Suzi Lowell Chief Clerk