Legislature(1999 - 2000)
2000-03-21 House Journal
Full Journal pdf2000-03-21 House Journal Page 2623 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday March 21, 2000 Seventy-second Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:04 a.m. Roll call showed 33 members present. Representative Kohring had been previously excused from a call of the House today. Representatives Cowdery, Kott, Mulder, Rokeberg, and Therriault were absent and their presence was noted later. Representative Barnes was absent. The invocation was offered by the Reverend Robert D. Nicholson of the Chapel by the Lake Presbyterian Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Thankful for gifts of health, shelter, and food, let us pray: O God, sometimes as we consider candidates for office, we think we would like to nominate You! You have charisma, Lord. We like Your Book. It's just that Your spokespeople on the Sabbath often put us to sleep. Seriously, we are grateful You are not God by election but by creation. Your term does not expire. You do not need our votes, but our service. You do not seek our applause, but our worship. You do not fire us, but forgive us, when we make mistakes; and You sustain us in doubt and depression, in sickness and sorrow, until You complete the plans You had for us when You made us. 2000-03-21 House Journal Page 2624 Whoever we elect to office, You will still be Lord of all, and for that we are eternally grateful. Amen. Quoted from Intercessions & Alleluias by Edwin Walthall. First Presbyterian Church, SanAntonio, Texas. The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 71st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 20, 2000, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The following appointments were referred to the House Special Committee on Fisheries and the Resources Committee: Board of Fisheries Mr. Robert "Ed" Dersham - Anchor Point Appointed: 03/03/97 Reappointed: 03/20/00 Expires: 06/30/03 Mr. Larry J. Engel - Palmer Appointed: 02/04/94 Reappointed: 02/14/97 and 03/20/00 Expires: 06/30/03 The following appointments were referred to the Labor & Commerce Committee: Board of Marine Pilots Captain Michael C. Spence - Ketchikan Appointed: 10/02/95 Reappointed: 03/20/00 Expires: 06/01/03 2000-03-21 House Journal Page 2625 Ms. Barbara J. Huff Tuckness - Anchorage Appointed: 02/20/97 Reappointed: 03/20/00 Expires: 06/01/03 Resumes for the appointments are on file in the Chief Clerk's office. **The presence of Representatives Cowdery and Kott was noted. SB 101 The following letter, dated March 20, 2000, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill to become law without my signature: CONFERENCE CS FOR SENATE BILL NO. 101(3d CC) "An Act relating to disasters and to the disaster relief fund." Chapter No. 4, SLA 2000 ¦Effective Date: June 16, 2000á Our current laws governing disaster response have worked well for many years, providing the authority to act quickly and to comprehensively meet the needs of Alaskans when disasters strike. They also provide the appropriate checks and balances in the expenditure of emergency monies. Senate Bill 101 was born as an attempt by some to deny state aid for western Alaskans following the 1998 fishery disaster, but was amended during the public process to make no substantive changes to the state's laws regarding response to disasters. The amended bill was overwhelmingly approved last year, including a unanimous vote in the House. The power of the executive branch to declare and respond to disasters, including that which devastated Western Alaska, has not changed and I am prepared to respond similarly whenever Alaskans again are faced with the need for emergency assistance. Under this bill, the governor retains the authority to expend state funds for declared disasters with 2000-03-21 House Journal Page 2626 SB 101 the concurrence of the Speaker of the House and Senate President. This is the same procedure I followed in 1998. In an unprecedented action, however, the passed bill was never transmitted to me for final action as required by the Constitution. An error was discovered that would have required lawmakers to meet in special session anytime a disaster was declared. Despite repeated requests for transmittal by my Administration, the flawed bill was held through the summer and fall. The duty to transmit a bill that has been passed by both houses is ministerial in nature and should not be allowed to become a convenient means to correct improvident or ill-conceived legislation. The danger of this precedent is obvious as it might permit presiding officers to thwart the will of the majority of the legislature or to impinge on the power of the executive or the courts. In an even more questionable procedure, lawmakers this session amended the bill to correct the error. A strong argument can be made that once passed, a bill is beyond the power of the legislature to amend it further. The process used for SB 101 is a violation of legislative rules and possibly a violation of constitutionally mandated enactment procedures. The chances of litigation challenging the validity of this bill may not be great due to the lack of substantial change in law created by the bill. However, I am allowing this bill to become law without my signature to express my serious concern over the enactment procedures used by the legislature. Sincerely, /s/ Tony Knowles Governor" **The presence of Representative Rokeberg was noted. 2000-03-21 House Journal Page 2627 MESSAGES FROM THE SENATE HB 340 A message dated March 20, 2000, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 340(CRA) "An Act relating to designating the Ketchikan Indian Corporation as a regional housing authority; and providing for an effective date." CSHB 340(CRA) was referred to the Chief Clerk for enrollment. COMMUNICATIONS The following report was received: Dept. of Natural Resources Division of Forestry 1999 Annual Report on the Forest Resources and Practices Act (FRPA) February 2000 (as required by AS 41.17.047) REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Tom J. Hawkins Ms. Susan LaBelle as members of the Alaska Mental Health Trust Authority Board of Trustees, Mr. Robert V. Christal as a member of the Professional Teaching Practices Commission, and 2000-03-21 House Journal Page 2628 Mr. Joshua B. Horst as a member of the University of Alaska Board of Regents. The reports were signed by Representative Dyson, Chair, and Representatives Whitaker, Brice, and Coghill. HJR 35 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 35 Relating to requesting the United States Congress to repeal the "Brady Handgun Protection Act". The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): James Do not pass (1): Kerttula No recommendation (2): Green, Kott The following fiscal note applies: Zero fiscal note, House Special Committee on World Trade and State/Federal Relations, 2/23/00 HJR 35 was referred to the Rules Committee for placement on the calendar. HJR 47 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 47 Proposing amendments to the Constitution of the State of Alaska relating to the permanent fund and to payments to certain state residents from the permanent fund. The report was signed by Representative Kott, Chair, with the following individual recommendations: 2000-03-21 House Journal Page 2629 HJR 47 Do not pass (2): James, Kott No recommendation (3): Croft, Kerttula, Green Amend (1): Rokeberg The following fiscal note applies: Fiscal note, Office of the Governor, 3/21/00 HJR 47 was referred to the Finance Committee. HJR 59 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 59 Supporting the passage by the United States Congress of H.R. 3671, the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000. The report was signed by Representatives Masek and Hudson, Co- chairs, with the following individual recommendations: Do pass (5): Cowdery, Barnes, Harris, Masek, Hudson No recommendation (3): Morgan, Kapsner, Joule The following fiscal note applies: Zero fiscal note, House Resources Committee, 3/21/00 HJR 59 was referred to the Rules Committee for placement on the calendar. HB 233 The Judiciary Committee has considered: HOUSE BILL NO. 233 "An Act granting authority to each municipality to be a debtor under 11 U.S.C. (Federal Bankruptcy Act) and to take any 2000-03-21 House Journal Page 2630 HB 233 appropriate action authorized by federal law relating to bankruptcy of a municipality." and recommends it be replaced with: CS FOR HOUSE BILL NO. 233(CRA) "An Act granting authority to each municipality or other political subdivision, public agency, or other instrumentality of the state to be a debtor under Chapter 9 of the Federal Bankruptcy Act and to take any appropriate action authorized by federal law relating to bankruptcy." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Croft, Green, Kott, James, Kerttula The following fiscal note applies to CSHB 233(CRA): Zero fiscal note, House Community & Regional Affairs Committee, 2/4/00 HB 233 was referred to the Rules Committee for placement on the calendar. HB 255 The Finance Committee has considered: HOUSE BILL NO. 255 "An Act relating to villages; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 255(CRA) "An Act relating to cities incorporated under state law that are home rule communities." The report was signed by Representatives Mulder and Therriault, Co- chairs, with the following individual recommendations: 2000-03-21 House Journal Page 2631 HB 255 Do pass (8): Mulder, Therriault, Austerman, Davies, Moses, Foster, Williams, Phillips No recommendation (2): Bunde, Grussendorf The following fiscal note applies to CSHB 255(CRA): Fiscal note, Dept. of Law, 2/25/00 HB 255 was referred to the Rules Committee for placement on the calendar. HB 330 The State Affairs Committee has considered: HOUSE BILL NO. 330 "An Act establishing Prisoners of War and Missing in Action Recognition Days and Women Veterans Day; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Smalley, Kerttula No recommendation (1): Hudson Amend (1): Green The following fiscal note applies: Zero fiscal note, Dept. of Military & Veterans Affairs, 2/2/00 HB 330 was referred to the Rules Committee for placement on the calendar. HB 331 The State Affairs Committee has considered: 2000-03-21 House Journal Page 2632 HB 331 HOUSE BILL NO. 331 "An Act relating to payment, allowances, and benefits of members of the Alaska National Guard and Alaska Naval Militia in active service; relating to computation of certain benefits for members of the Alaska State Militia; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 331(MLV) "An Act relating to compensation of members of the Alaska National Guard and Alaska Naval Militia in active service; changing the name of the Alaska State Militia to the Alaska State Defense Force; relating to compensation and work status for members of the Alaska State Defense Force; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Smalley, Kerttula, Hudson No recommendation (1): Green The following fiscal note applies to CSHB 331(MLV): Zero fiscal note, Dept. of Military & Veterans Affairs, 3/3/00 HB 331 was referred to the Finance Committee. HB 353 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 353 "An Act relating to heirloom certificates of marriage." and recommends it be replaced with: CS FOR HOUSE BILL NO. 353(HES) (same title) 2000-03-21 House Journal Page 2633 HB 353 The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (5): Dyson, Coghill, Whitaker, Kemplen, Brice The following fiscal note applies to CSHB 353(HES): Fiscal note, Dept. of Health & Social Services, 2/7/00 HB 353 was referred to the Finance Committee. HB 427 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 427 "An Act relating to the school year for purposes of the postsecondary student loan program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 427(HES) (same title) The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (5): Dyson, Coghill, Whitaker, Kemplen, Brice The following fiscal note applies to CSHB 427(HES): Zero fiscal note, House Health, Education & Social Services Committee, 3/21/00 HB 427 was referred to the Finance Committee. HB 432 The Resources Committee has considered: 2000-03-21 House Journal Page 2634 HB 432 HOUSE BILL NO. 432 "An Act extending the termination date of the Board of Storage Tank Assistance; expanding the authority of the board to issue recommendations concerning cleanup decisions; and providing for an effective date." The report was signed by Representatives Masek and Hudson, Co- chairs, with the following individual recommendations: Do pass (5): Cowdery, Harris, Masek, Barnes, Hudson No recommendation (3): Morgan, Joule, Kapsner The following fiscal note applies: Fiscal note, Dept. of Environmental Conservation, 3/21/00 HB 432 was referred to the Finance Committee. SB 255 The Resources Committee has considered: CS FOR SENATE BILL NO. 255(RES) "An Act relating to best interest findings and land use permits, rights-of-way, and easements issued by the Department of Natural Resources; and providing for an effective date." The report was signed by Representatives Masek and Hudson, Co- chairs, with the following individual recommendations: Do pass (5): Cowdery, Barnes, Morgan, Harris, Masek No recommendation (3): Hudson, Kapsner, Joule The following fiscal note applies: Senate zero fiscal note, Dept. of Natural Resources, 3/2/00 CSSB 255(RES) was referred to the Rules Committee for placement on the calendar. 2000-03-21 House Journal Page 2635 INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Monte A. Stover By Senator Torgerson The following citation was introduced and taken up later as a Special Order of Business: Ted Stevens, Alaskan of the Century By Representative Porter; Senator Pearce CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 414 The following was read the second time: HOUSE BILL NO. 414 "An Act relating to the qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date." with the: Journal Page O&G RPT CS(O&G) NT 6DP 2494 ZERO FISCAL NOTE (H.O&G) 2495 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. 414(O&G) "An Act relating to the appointment and qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date." There being no objection, it was so ordered. 2000-03-21 House Journal Page 2636 HB 414 Representative Green moved and asked unanimous consent that CSHB 414(O&G) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 414(O&G) will be in third reading on the March 22, 2000, calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 56 The following was read the second time: HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife. with the: Journal Page RES RPT 8DP 2384 FISCAL NOTE (GOV) 2384 JUD RPT 2DP 2DNP 1NR 2484 FISCAL NOTE (GOV) 3/3/00 2485 FIN RPT 4DP 1DNP 1NR 1AM 2584 FISCAL NOTE (GOV) 3/3/00 2585 **The presence of Representative Therriault was noted. Representative Green moved and asked unanimous consent that HJR56 be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HJR 56 will be in third reading on the March22, 2000, calendar. 2000-03-21 House Journal Page 2637 LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Donovan K. Walsh, Eagle Scout By Representatives Foster, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams **The presence of Representative Mulder was noted. SPECIAL ORDER OF BUSINESS Representative Green moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Ted Stevens, Alaskan of the Century, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Ted Stevens, Alaskan of the Century By Representative Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams; Senator Pearce 2000-03-21 House Journal Page 2638 UNFINISHED BUSINESS HB 297 The Speaker stated that, without objection, the Finance Committee referral would be removed 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 Finance Committee and referred to the Rules Committee for placement on the calendar. SB 236 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: SENATE BILL NO. 236 "An Act establishing Prisoners of War and Missing in Action Recognition Days and Women Veterans Day; and providing for an effective date." (Companion Bill - HB 330 POW/MIA Day & Women Veterans Day) SB 236 was removed from the State Affairs Committee and referred to the Rules Committee for placement on the calendar. 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 Kott - from 1:17 p.m., March 22 to 9:30 a.m., plane time, March24, 2000 Representative Berkowitz - from 7:18 p.m., March 24 to 9:31 a.m., plane time, March 27, 2000 Representative Kemplen - from 1:35 p.m., March 24 to 9:31 a.m., plane time, March 27, 2000 2000-03-21 House Journal Page 2639 Representative Halcro - from 5:00 p.m., March 24 to 9:32 a.m., plane time, March 27, 2000 Representative Sanders - from noon, March 24 to 9:30 a.m., plane time, March 27, 2000 Representative Brice - from 7:18 a.m., March 25 to 9:31 a.m., March29, 2000 (amended from page 2581) Representative Brice - from 8:00 a.m., April 7 to 5:00 p.m., April8,2000 HJR 25 Representative Ogan moved and asked unanimous consent to withdraw the following: HOUSE JOINT RESOLUTION NO. 25 Proposing an amendment to the Constitution of the State of Alaska relating to a petition for an initiative or referendum regarding fish or wildlife. There being no objection, HJR 25 was withdrawn. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 3/21 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 22, 2000. There being no objection, the House adjourned at 10:30 a.m. Suzi Lowell Chief Clerk