Legislature(1999 - 2000)
2000-03-22 House Journal
Full Journal pdf2000-03-22 House Journal Page 2641 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 22, 2000 Seventy-third Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:08 a.m. Roll call showed 34 members present. Representatives Austerman, Barnes, Foster, Mulder, and Therriault were absent and their presence was noted later. Representative Green moved and asked unanimous consent that Representative Kohring's previous excuse (page 2620) be extended until 9:30 p.m., plane time, March 22, 2000. 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 Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: In these opening moments we pause and turn to You, Creator God, and simply ask: What we know not, teach us; What we have not, give us; What we are not, make us; Where we have failed, forgive us; As we are now, accept us; Toward what we should be, guide us. In Your Spirit, we offer ourselves and this our prayer. Amen. 2000-03-22 House Journal Page 2642 The Pledge of Allegiance was led by Representative Cowdery. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 72nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Ogan introduced Nikki Campbell and his daughter, Laura Ogan, Guest Pages from Palmer. MESSAGES FROM THE SENATE SB 250 A message dated March 21, 2000, was read stating the Senate has failed to concur in the House amendment to CSSB 250(FIN) am, namely: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) "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 respectfully requests the House to recede from its amendment. **The presence of Representative Austerman was noted. Representative Green moved that the House recede from its amendment to CSSB 250(FIN) am, namely HCS CSSB 250(FIN), and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 250(FIN) am?" The roll was taken with the following result: HCS CSSB 250(FIN) Recede YEAS: 3 NAYS: 32 EXCUSED: 1 ABSENT: 4 2000-03-22 House Journal Page 2643 SB 250 Yeas: Coghill, Ogan, Sanders Nays: Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Murkowski, Phillips, Porter, Rokeberg, Smalley, Whitaker, Williams Excused: Kohring Absent: Barnes, Foster, Mulder, Therriault And so, the House failed to recede. In accordance with Uniform Rule 42(a), the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Mulder Representative Therriault Representative Davies The Chief Clerk was instructed to so notify the Senate. **The presence of Representatives Mulder and Therriault was noted. A message dated March 21, 2000, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 268 SENATE BILL NO. 268 by Senators Donley, Taylor, Halford, and Leman, entitled: "An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders." was read the first time and referred to the Judiciary Committee. 2000-03-22 House Journal Page 2644 REPORTS OF STANDING COMMITTEES HB 42 The Finance 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(FIN) "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 Mulder, Co-chair, with the following individual recommendations: Do pass (4): Mulder, Bunde, Foster, Phillips No recommendation (6): Williams, Austerman, Davies, Grussendorf, Moses, Davis The following fiscal notes apply to CSSSHB 42(FIN): Fiscal note, Dept. of Law, 3/22/00 Fiscal note, Alaska Court System, 3/22/00 SSHB 42 was referred to the Rules Committee for placement on the calendar. HB 253 The Judiciary Committee has considered: HOUSE BILL NO. 253 "An Act establishing a school disciplinary and safety program; and providing for an effective date." 2000-03-22 House Journal Page 2645 HB 253 and recommends it be replaced with: CS FOR HOUSE BILL NO. 253(JUD) "An Act relating to a school disciplinary and safety program; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (4): Croft, Green, James, Kerttula The following fiscal note applies to CSHB 253(JUD): Zero fiscal note, Dept. of Education & Early Development, 1/21/00 HB 253 was referred to the Rules Committee for placement on the calendar. HB 404 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 404 "An Act relating to joint insurance arrangements; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 404(CRA) (same title) The report was signed by Representatives Morgan and Harris, Co- chairs, with the following individual recommendations: No recommendation (2): Morgan, Joule Amend (2): Harris, Dyson The following fiscal note applies to CSHB 404(CRA): 2000-03-22 House Journal Page 2646 HB 404 Zero fiscal note, Dept. of Community & Economic Development, 3/22/00 HB 404 was referred to the Labor & Commerce Committee. HB 416 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 416 "An Act relating to insurance coverage for prostate cancer screening." The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (7): Green, Morgan, Coghill, Whitaker, Kemplen, Brice, Dyson 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 Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The Tesoro Iron Dog 2000, World's Longest Snowmobile Race By Senator Green Honoring - GCI Alaska Academic Decathlon By Senator Parnell; Representative Bunde In Memoriam - Pavela and Mary Wassillie By Representative Moses; Senator Hoffman 2000-03-22 House Journal Page 2647 In Memoriam - Kristy Dawn Lamont By Representative Moses; Senator Hoffman In Memoriam - Virginia Ayona Atuk By Representative Foster CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 284 The following was read the second time: HOUSE BILL NO. 284 "An Act relating to uninsured and underinsured motor vehicle insurance." with the: Journal Page L&C RPT CS(L&C) 1DP 5NR 2269 ZERO FISCAL NOTE (DCED) 2270 JUD RPT CS(JUD) NT 2DP 3AM 2446 ZERO FISCAL NOTE (DCED) 2/23/00 2447 **The presence of Representative Barnes was noted. 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. 284(JUD) "An Act relating to uninsured and underinsured motor vehicle insurance; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: 2000-03-22 House Journal Page 2648 HB 284 Page 1, line 8 and page 2, line 3, following "where": Delete "the accident is witnessed by a disinterested person not occupying the insured vehicle who will attest to the facts of the accident and the involvement of a motor vehicle that left the accident scene without being identified" Insert "there is evidence that a motor vehicle contributed to the accident and left the accident scene" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 284(JUD) Second Reading Amendment No. 1 YEAS: 25 NAYS: 13 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Grussendorf, Halcro, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Whitaker Nays: Barnes, Cowdery, Dyson, Green, Harris, James, Kott, Masek, Morgan, Mulder, Porter, Rokeberg, Williams Excused: Kohring Absent: Foster And so, Amendment No. 1 was adopted. Amendment No. 2 was not offered. Representative Green moved and asked unanimous consent that CSHB 284(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 2000-03-22 House Journal Page 2649 HB 284 CSHB 284(JUD) am was read the third time. The Speaker stated that, without objection, the House would stand at ease for a Majority Caucus; and so, the House stood at ease at 10:51a.m. AFTER AT EASE The Speaker called the House back to order at 11:06 a.m. **The presence of Representative Foster was noted. HB 284 Representative Green moved and asked unanimous consent that CSHB 284(JUD) am be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 1. Representative Berkowitz objected. Representative Green moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. The question being: "Shall CSHB 284(JUD) am pass the House?" The roll was taken with the following result: CSHB 284(JUD) am Third Reading Final Passage YEAS: 25 NAYS: 12 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Morgan, Moses, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault Nays: Barnes, Coghill, Cowdery, Dyson, Harris, Kott, Masek, Mulder, Porter, Rokeberg, Whitaker, Williams Excused: Kohring Absent: Bunde, Kookesh 2000-03-22 House Journal Page 2650 HB 284 And so, CSHB 284(JUD) am passed the House. Representative Green moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 284(JUD) am Third Reading Effective Date YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kohring Absent: Bunde, Kookesh And so, the effective date clause was adopted. Representative Kott gave notice of reconsideration of his vote on CSHB 284(JUD) am. HB 297 The following was read the second time: HOUSE BILL NO. 297 "An Act relating to the certificate of need program; and providing for an effective date." with the: Journal Page HES RPT CS(HES) 4AM 2235 INDETERMINATE FISCAL NOTE (DHSS) 2236 STA RPT CS(STA) 2DP 3NR 2585 ZERO FISCAL NOTE (DHSS) 2586 2000-03-22 House Journal Page 2651 HB 297 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. 297(STA) (same title) There being no objection, it was so ordered. Amendment No. 1 (title amendment) was offered by Representative James: Page 1, line 1: Delete "certificate of need program" Insert "circumstances under which an ambulatory surgical facility may relocate its services without obtaining a certificate of need and relating to the subsequent use of the site from which the ambulatory surgical facility relocated" Representative James moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 297(STA)(title am) "An Act relating to the circumstances under which an ambulatory surgical facility may relocate its services without obtaining a certificate of need and relating to the subsequent use of the site from which the ambulatory surgical facility relocated; and providing for an effective date." Representative Green moved and asked unanimous consent that CSHB 297(STA)(title am) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 297(STA)(title am) will be in third reading on the March 23, 2000, calendar. HB 310 The following was read the second time: 2000-03-22 House Journal Page 2652 HB 310 HOUSE BILL NO. 310 "An Act relating to the Alaska Insurance Guaranty Association; and amending Rule 24, Alaska Rules of Civil Procedure." with the: Journal Page L&C RPT CS(L&C) NT 1DP 3NR 2270 ZERO FISCAL NOTE (DCED) 2270 JUD RPT CS(L&C) NT 2DP 2NR 2417 ZERO FISCAL NOTE (DCED) 2/23/00 2418 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. 310(L&C) "An Act relating to the Alaska Insurance Guaranty Association." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 310(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 310(L&C) will be in third reading on the March 23, 2000, calendar. THIRD READING OF HOUSE BILLS HB 414 The following, which was advanced to third reading from the March21, 2000, calendar (page 2636), was read the third time: 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." The question being: "Shall CSHB 414(O&G) pass the House?" The roll was taken with the following result: 2000-03-22 House Journal Page 2653 HB 414 CSHB 414(O&G) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kohring Absent: Kookesh And so, CSHB 414(O&G) passed the House. Representative Green 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 414(O&G) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE RESOLUTIONS HJR 56 The following, which was advanced to third reading from the March21, 2000, calendar (page 2636), was read the third time: HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife. **Representative Austerman had been previously excused from a call of the House (page 2033). Representative Green placed a call of the House. The Speaker stated the call was satisfied. 2000-03-22 House Journal Page 2654 HJR 56 The question being: "Shall HJR 56 pass the House?" The roll was taken with the following result: HJR 56 Third Reading Final Passage YEAS: 29 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Cissna, Croft, Davies, Grussendorf, Kemplen, Kerttula, Sanders, Smalley Excused: Austerman, Kohring And so, HJR 56 passed the House. Representative Davies gave notice of reconsideration of his vote on HJR 56. 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: In Memoriam - Monte A. Stover By Senator Torgerson; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Whitaker, Williams UNFINISHED BUSINESS Representative Green moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: 2000-03-22 House Journal Page 2655 Representative Williams - from 2:00 p.m., March 24 to 10:00 p.m., plane time, March 26, 2000 HB 255 Representatives Kott, Austerman, and Halcro added their names as cosponsors to: HOUSE BILL NO. 255 "An Act relating to villages; and providing for an effective date." SB 231 Representative Moses added his name as cross sponsor to: SENATE BILL NO. 231 "An Act naming the Alaska Native Veterans' Honor Bridge." SB 255 Representative Barnes added her name as cross sponsor to: 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." ENGROSSMENT HB 414 CSHB 414(O&G) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 192 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 2:35 p.m., March 21, 2000: 2000-03-22 House Journal Page 2656 HB 192 CS FOR HOUSE BILL NO. 192(JUD) "An Act relating to reciting the pledge of allegiance by public school students." HB 340 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 2:35 p.m., March 21, 2000: 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." 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., 3/22 Added Bills Previously Heard/Scheduled HB 239 UCC Secured Transactions HB 361 Fees for State Service Resources Committee 1:00 p.m., 3/22 meeting CHANGED TO 1:15 p.m., 3/22 Conference Committee Capitol 205 4:30 p.m., 3/22 SB 250 Supplemental Appropriations ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 23, 2000. There being no objection, the House adjourned at 12:43 p.m. Suzi Lowell Chief Clerk