Legislature(1999 - 2000)
2000-03-24 House Journal
Full Journal pdf2000-03-24 House Journal Page 2679 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 24, 2000 Seventy-fifth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:10 a.m. Roll call showed 28 members present. Representatives Austerman, Green, and Phillips had been previously excused from a call of the House today. Representatives Barnes, James, Kookesh, Moses, Mulder, Ogan, Rokeberg, and Therriault were absent and their presence was noted later. Representative Foster, Acting Majority Leader, moved and asked unanimous consent that Representative Kott's previous excuse (page 2638) be extended through 9:30 a.m., plane time, March 27, 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 Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: In thanksgiving for the life that is around us, beyond us, and below us, let us pray: Creator of all -- You are the holder of memory and hope, we pause to thank You-- For a history that enriches us, For colleagues and friends around us, For the work that is before us, 2000-03-24 House Journal Page 2680 For a hope that is within us, For a love that upholds us, and For a vision that compels us to give the Best that we have to bless and benefit those We've come here to serve. We offer ourselves, our work, and our prayers, in the spirit of One whose way is wisdom and peace. Amen. The Pledge of Allegiance was led by Representative Sanders. CERTIFICATION OF THE JOURNAL Representative Foster moved and asked unanimous consent that the journal for the 74th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Murkowski introduced her sons, Matthew Martell and Guest Page, Nicolas Martell, from Anchorage. MESSAGES FROM THE SENATE SB 250 A message dated March 23, 2000, was read stating the President has appointed the following members to a Conference Committee: Senator Parnell, Chair Senator Torgerson Senator Adams to meet with the like committee from the House to consider: 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." 2000-03-24 House Journal Page 2681 SB 250 and CS FOR SENATE BILL NO. 250(FIN) am (same title) The House members of the Conference Committee are Representatives Mulder, Therriault, and Davies (page 2643). COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and will be published in House Journal Supplement No. 7 and House & Senate Joint Journal Supplement No. 15. **The presence of Representatives Kookesh and Moses was noted. REPORTS OF STANDING COMMITTEES HJR 2 The Finance Committee has considered: HOUSE JOINT RESOLUTION NO. 2 Proposing amendments to the Constitution of the State of Alaska relating to a biennial state budget, to the appropriation limit, and to appropriations from the budget reserve fund. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 2(JUD) Proposing amendments to the Constitution of the State of Alaska relating to the duration of regular sessions of the legislature and to a biennial state budget. The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Phillips, Foster, Williams 2000-03-24 House Journal Page 2682 HJR 2 Do not pass (2): Grussendorf, Davies No recommendation (4): Therriault, Bunde, Moses, Davis The following fiscal note applies to CSHJR 2(JUD): Fiscal note, Office of the Governor, 1/26/00 HJR 2 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Mulder and Rokeberg was noted. HB 205 The Transportation Committee has considered: HOUSE BILL NO. 205 "An Act relating to the use of snow machines to transport hunters and game across the Dalton Highway corridor." and recommends it be replaced with: CS FOR HOUSE BILL NO. 205(TRA) "An Act relating to the use of snow machines to travel across the Dalton Highway corridor." The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (3): Hudson, Kohring, Halcro No recommendation (3): Masek, Kemplen, Cowdery The following fiscal notes apply to CSHB 205(TRA): Zero fiscal note, Dept. of Fish & Game, 3/24/00 Zero fiscal note, Dept. of Public Safety, 3/24/00 HB 205 was referred to the Rules Committee for placement on the calendar. 2000-03-24 House Journal Page 2683 **The presence of Representative Therriault was noted. HB 361 The Finance Committee has considered: HOUSE BILL NO. 361 "An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated or fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 361(FIN) "An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated and fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (4): Therriault, Davis, Williams, Phillips No recommendation (3): Bunde, Grussendorf, Foster Amend (1): Davies The following fiscal notes apply to CSHB 361(FIN): Fiscal note, Office of the Governor, 3/24/00 Fiscal notes (3), Dept. of Environmental Conservation, 3/24/00 2000-03-24 House Journal Page 2684 HB 361 Fiscal note, Dept. of Law, 3/24/00 Zero fiscal note, Dept. of Natural Resources, 3/24/00 HB 361 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives James and Ogan was noted. HB 426 The Transportation Committee has considered: HOUSE BILL NO. 426 "An Act relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 426(TRA) "An Act relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities from Potter Station to Girdwood; and providing for an effective date." The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (2): Kohring, Hudson No recommendation (4): Cowdery, Kemplen, Masek, Halcro The following fiscal notes apply to CSHB 426(TRA): 2000-03-24 House Journal Page 2685 HB 426 Zero fiscal note, Dept. of Natural Resources, 2/28/00 Zero fiscal note, Dept. of Transportation & Public Facilities, 2/28/00 HB 426 was referred to the Resources Committee. SB 7 The Finance Committee has considered: CS FOR SENATE BILL NO. 7(FIN) am "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Bunde, Austerman, Davies, Foster No recommendation (3): Grussendorf, Davis, Phillips The following fiscal notes apply to HCS CSSB 7(FIN): Fiscal note, Dept. of Fish & Game, 3/24/00 Fiscal note, Dept. of Natural Resources, 3/24/00 Fiscal note, University of Alaska, 3/24/00 CSSB 7(FIN) am 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: 2000-03-24 House Journal Page 2686 In Memoriam - Henry Anelon, Sr. By Representative Moses INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 438 HOUSE BILL NO. 438 by the House Judiciary Committee, entitled: "An Act permitting certain emergency medical personnel in police or fire departments or employed by the state troopers to convert their credited service under the public employees' retirement system to credited service as peace officers; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. **The presence of Representative Barnes was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 218 The following was read the second time: HOUSE BILL NO. 218 "An Act relating to property loaned to or held by museums." with the: Journal Page HES REFERRAL WAIVED 2287 FIN RPT CS(FIN) 9DP 1NR 2486 ZERO FISCAL NOTE (DOE) 2487 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2000-03-24 House Journal Page 2687 HB 218 CS FOR HOUSE BILL NO. 218(FIN) (same title) There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that CSHB 218(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 218(FIN) was read the third time. The question being: "Shall CSHB 218(FIN) pass the House?" The roll was taken with the following result: CSHB 218(FIN) Third Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 4 ABSENT: 1 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Masek, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Kohring, Ogan Excused: Austerman, Green, Kott, Phillips Absent: Kookesh And so, CSHB 218(FIN) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 194 The following was read the second time: 2000-03-24 House Journal Page 2688 SB 194 CS FOR SENATE BILL NO. 194(RES) "An Act relating to the Alaska Chilkat Bald Eagle Preserve." with the: Journal Page RES RPT 8DP 2666 SENATE ZERO FISCAL NOTE (DNR) 2/22/00 2667 Representative Foster moved and asked unanimous consent that CSSB 194(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 194(RES) was read the third time. The question being: "Shall CSSB 194(RES) pass the House?" The roll was taken with the following result: CSSB 194(RES) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman, Green, Kott, Phillips And so, CSSB 194(RES) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF HOUSE RESOLUTIONS HJR 59 The following was read the second time: 2000-03-24 House Journal Page 2689 HJR 59 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. with the: Journal Page RES RPT 5DP 3NR 2629 ZERO FISCAL NOTE (H.RES) 2629 Amendment No. 1 was offered by Representatives Davies and Kerttula: Page 2, lines 2 - 11: Delete all material. Page 2, line 17, following "2000,": Delete "to correct the current abuses of the Pittman-Robertson program and the Dingell-Johnson program and" Page 2, line 21, following "would": Delete "correct the current abuses of the Pittman-Robertson program and the Dingell-Johnson program and" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Barnes objected and withdrew her objection. There being no further objection, Amendment No. 1 was adopted. Representative Foster moved and asked unanimous consent that HJR59 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 59 am was read the third time. The question being: "Shall HJR 59 am pass the House?" The roll was taken with the following result: 2000-03-24 House Journal Page 2690 HJR 59 HJR 59 am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman, Green, Kott, Phillips And so, HJR 59 am passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would revert to: REPORTS OF SPECIAL COMMITTEES SB 250 The Conference Committee considering HCS CSSB 250(FIN) and CSSB 250 (FIN) am recommends the following be adopted: CONFERENCE CS FOR SENATE BILL NO. 250 "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." A spreadsheet was attached. The report was signed by Senator Parnell, Chair, and Senators Torgerson and Adams; and Representatives Mulder, Therriault, and Davies. The report was received in the Chief Clerk's office at 10:30 a.m., March 24, 2000, and is under Unfinished Business. 2000-03-24 House Journal Page 2691 CONSIDERATION OF THE DAILY CALENDAR (Continued) 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 - Todd Palin & Dusty Van Meter By Senator Green; Representatives Porter, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Tina Louise Wassillie By Representatives Moses, Porter, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Hoffman In Memoriam - William G. Saletic By Representatives Hudson, Porter, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams The Speaker stated that the House would stand at ease for majority and minority caucuses; and so, the House stood at ease at 10:45 a.m. AFTER AT EASE The Speaker called the House back to order at 11:15 a.m. 2000-03-24 House Journal Page 2692 UNFINISHED BUSINESS SB 250 Representative Foster moved and asked unanimous consent that the House consider the Conference Committee report on the following which is under Unfinished Business (page 2690), at this time: 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 CS FOR SENATE BILL NO. 250(FIN) am (same title) There being no objection, it was so ordered. Representative Foster moved that the House adopt the Conference Committee report, thus adopting CCS SB 250, and recommended that the members vote yes. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCS SB 250 Adopt YEAS: 24 NAYS: 10 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Cissna, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kerttula, Masek, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Smalley, Whitaker, Williams Nays: Berkowitz, Coghill, Croft, Joule, Kapsner, Kemplen, Kohring, Kookesh, Ogan, Sanders Excused: Austerman, Green, Kott, Phillips 2000-03-24 House Journal Page 2693 SB 250 Absent: Cowdery, Therriault Williams changed from "Nay" to "Yea". Brice changed from "Nay" to "Yea". Davies changed from "Nay" to "Yea". Croft changed from "Yea" to "Nay". And so, the House adopted the Conference Committee report, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 250 "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." 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: CCS SB 250 Adopt Effective Date YEAS: 34 NAYS: 0 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Excused: Austerman, Green, Kott, Phillips Absent: Cowdery, Therriault And so, the effective date clause was adopted. 2000-03-24 House Journal Page 2694 SB 250 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. 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: CCS SB 250 Adopt Constitutional Budget Reserve Appropriation YEAS: 30 NAYS: 4 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Smalley, Whitaker, Williams Nays: Coghill, Kohring, Ogan, Sanders Excused: Austerman, Green, Kott, Phillips Absent: Cowdery, Therriault Kohring changed from "Yea" to "Nay". Kapsner changed from "Nay" to "Yea". And so, the constitutional budget reserve fund appropriation was adopted. The Chief Clerk notified the Senate. The Senate has adopted the Conference Committee report (Senate journal page 2724). Representative Foster 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: 2000-03-24 House Journal Page 2695 Representative Therriault - from 7:18 p.m., March 24 to 9:31 a.m., plane time, March 27, 2000. HB 38 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 38 "An Act relating to invasion of privacy of another." SB 268 Representative Masek added her name as cross sponsor to: SENATE BILL NO. 268 "An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders." ENGROSSMENT HJR 59 HJR 59 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 218 CSHB 218(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 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., 3/24 Added Bills Previously Heard/Scheduled HB 345 State Employee Health Insurance 2000-03-24 House Journal Page 2696 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 27, 2000. There being no objection, the House adjourned at 11:51 a.m. Suzi Lowell Chief Clerk