Legislature(1999 - 2000)
2000-04-04 House Journal
Full Journal pdf2000-04-04 House Journal Page 2849 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 4, 2000 Eighty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:10 a.m. Roll call showed 35 members present. Representative Kott had been previously excused from a call of the House today. Representative Rokeberg was excused from a call of the House today due to illness. Representatives Croft, Kohring, and Williams were absent and their presence was noted later. The invocation was offered by Pastor Daymond Geary of the Restoration Grace Outreach Center. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Father, we thank You for loving us all so deeply. Again we come with open hands to give You praise and to ask for help. May each legislative member today know the reality of Your presence and Your sustaining grace for each one's family. Father, I offer agreement with the many prayers that are in the hearts of these legislative members. For the Bible states, 'If two of you on earth agree about anything you ask for, it will be done for you by my Father in heaven.' (Matthew 18:19) I know some are asking for wisdom so that they will make the best decisions on important issues. Others are asking for strength to do what they feel is the right thing to do. Some must be asking simply for unity so that this Twenty-first Legislature can accomplish great things together. Finally Lord, I agree with the prayers offered by these 2000-04-04 House Journal Page 2850 members for their spouses and children, please touch each one by Your extraordinary love. Bless Alaska with great grace and favor, and bless this day of meetings. All this we ask in Jesus' name. Amen. The Pledge of Allegiance was led by Representative Green. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 85th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Kerttula introduced Lizzie Barrett, Guest Page, from Juneau. MESSAGES FROM THE SENATE HB 190 A message dated April 3, 2000, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 190(JUD) "An Act relating to viatical settlement transactions; and providing for an effective date." CSHB 190(JUD) was referred to the Chief Clerk for enrollment. A message dated April 3, 2000, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 291 SENATE BILL NO. 291 by the Senate Rules Committee, entitled: 2000-04-04 House Journal Page 2851 SB 291 "An Act naming the Ted Stevens Anchorage International Airport." (Companion Bill: HB 434 Ted Stevens Anchorage Int'l Airport) was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representatives Croft and Williams was noted. COMMUNICATIONS The following report was received: Dept. of Health & Social Services Alaska Juvenile Justice Advisory Committee 1999 Annual Report REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Robert J. Klein Ms. Toni Lee Jackson as members of the Alcoholic Beverage Control Board, Ms. Darae Crews as a member of the Board of Barbers and Hairdressers, and Ms. Janet McGillivary as a member of the Board of Professional Counselors. The reports were signed by Representative Rokeberg, Chair, and Representatives Halcro, Murkowski, Harris, Brice, Cissna, and Sanders. 2000-04-04 House Journal Page 2852 HB 426 The Resources 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 Hudson, Co-chair, with the following individual recommendations: Do pass (3): Barnes, Harris, Hudson No recommendation (4): Cowdery, Morgan, Joule, Kapsner The following fiscal notes apply to CSHB 426(TRA): 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 Finance Committee. SJR 39 The Resources Committee has considered: 2000-04-04 House Journal Page 2853 SJR 39 CS FOR SENATE JOINT RESOLUTION NO. 39(RES) Encouraging the United States Congress to pass S. 2214, a bill opening the coastal plain of the Arctic National Wildlife Refuge to responsible exploration, development, and production of its oil and gas resources. The report was signed by Representative Hudson, Co-chair, with the following individual recommendations: Do pass (6): Barnes, Morgan, Harris, Joule, Hudson, Whitaker The following fiscal note applies: Senate zero fiscal note, Senate Resources Committee, 3/23/00 CSSJR 39(RES) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Fisheries has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Robert "Ed" Dersham Mr. Larry Engel as members of the Board of Fisheries. The reports were signed by Representatives Harris and Morgan, Co- chairs, and Representatives Dyson, Kapsner, and Smalley. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Minnie Aliitchak Qapviatchialuk Gray By Representative Joule; Senator Adams 2000-04-04 House Journal Page 2854 Honoring - Valdez High School, Academic Decathlon Team By Representative Harris; Senator Lincoln Honoring - Constance A. Lutz, Alaska Art Educator of the Year By Senator Green Recognizing - Tartan Day, April 6, 2000 By Senator Parnell In Memoriam - Senator Charlie Parr By Representatives Davies, Brice; Senator Wilken In Memoriam - Anthony Williams By Representatives Hudson, Kerttula; Senator Elton RECONSIDERATION HB 253 Representative James brought up reconsideration of the vote on CSHB 253(JUD) (page 2842). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 253(JUD) "An Act relating to a school disciplinary and safety program; and providing for an effective date." **The presence of Representative Kohring was noted. The question to be reconsidered: "Shall CSHB 253(JUD) pass the House?" The roll was taken with the following result: CSHB 253(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 2 ABSENT: 0 2000-04-04 House Journal Page 2855 HB 253 Yeas: Austerman, Barnes, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Berkowitz, Davies, Joule, Kapsner, Kookesh Excused: Kott, Rokeberg And so, CSHB 253(JUD) passed the House on reconsideration. 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 253(JUD) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 233 The following was read the second time: 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 appropriate action authorized by federal law relating to bankruptcy of a municipality." with the: Journal Page CRA RPT CS(CRA) NT 5DP 1NR 2086 ZERO FISCAL NOTE (H.CRA) 2087 JUD RPT CS(CRA) NT 5DP 2629 ZERO FISCAL NOTE (H.CRA) 2/4/00 2630 2000-04-04 House Journal Page 2856 HB 233 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. 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." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 233(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 233(CRA) was read the third time. The question being: "Shall CSHB 233(CRA) pass the House?" The roll was taken with the following result: CSHB 233(CRA) Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Smalley, Whitaker, Williams Nays: Barnes, Kohring, Masek, Ogan, Sanders, Therriault Excused: Kott, Rokeberg Absent: Bunde And so, CSHB 233(CRA) passed the House. 2000-04-04 House Journal Page 2857 HB 233 Representative Therriault gave notice of reconsideration of his vote on CSHB 233(CRA). HB 437 The following was read the second time: HOUSE BILL NO. 437 "An Act relating to the reinstatement of Native corporations; and providing for an effective date." with the: Journal Page CRA RPT 6DP 2726 FISCAL NOTE (DCED) 2726 FIN REFERRAL WAIVED 2796 Representative Green moved and asked unanimous consent that HB437 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 437 was read the third time. The question being: "Shall HB 437 pass the House?" The roll was taken with the following result: HB 437 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 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, Kohring, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kott, Rokeberg And so, HB 437 passed the House. 2000-04-04 House Journal Page 2858 HB 437 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. HB 437 was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 236 The following was read the second time: 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) with the: Journal Page STA REFERRAL WAIVED 2638 Representative Green moved and asked unanimous consent that SB236 be considered engrossed, advanced to third reading and placed on final passage. Representative Davies objected. The Speaker stated that SB 236 will be in third reading on the April5, 2000, calendar. THIRD READING OF SENATE BILLS SB 267 The following, which was advanced to third reading from the April3,2000, calendar (page 2841), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 267(RES) "An Act relating to management of game." 2000-04-04 House Journal Page 2859 SB 267 The question being: "Shall HCS CSSB 267(RES) pass the House?" The roll was taken with the following result: HCS CSSB 267(RES) Third Reading Final Passage YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Coghill, Cowdery, Davis, Dyson, Foster, Green, Harris, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Masek, Morgan, Moses, Mulder, Ogan, Phillips, Porter, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Bunde, Cissna, Croft, Davies, Grussendorf, Halcro, Kemplen, Kerttula, Murkowski, Smalley Excused: Kott, Rokeberg And so, HCS CSSB 267(RES) 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 - Banarsi Lal By Representatives Brice, Porter, Austerman, Berkowitz, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Maria Reeves By Representatives Brice, Porter, Austerman, Berkowitz, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-04-04 House Journal Page 2860 Honoring - Teri Anderson, Ron Bergey, Lisa Miller, David Stull, Jeanne Troshynski, "BP Teachers of Excellence" By Representatives Masek, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - The First United Methodist Church of Ketchikan By Senator Taylor; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Alaska Boys and Girls State By Senator Leman: Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Mark Shantz By Representatives Kapsner, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kookesh, Kott, Morgan, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Julia Nergaard By Senator Taylor; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams RECONSIDERATION HB 99 Representative Ogan brought up reconsideration of the vote on HB 99 (page 2839). 2000-04-04 House Journal Page 2861 HB 99 The following was again before the House in third reading: HOUSE BILL NO. 99 "An Act relating to sexual assault and the definitions of 'sexual contact,' 'sexual penetration,' and 'legal guardian' in AS 11." The question to be reconsidered: "Shall HB 99 pass the House?" The roll was taken with the following result: HB 99--RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 2 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, Kookesh, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Kohring, Ogan Excused: Kott, Rokeberg Absent: Moses And so, HB 99 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS 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 Sanders - from noon, April 7 to 9:30 a.m., plane time, April 10, 2000 2000-04-04 House Journal Page 2862 Representative Cissna - from 7:00 a.m., April 8 to 9:30 p.m., plane time, April 9, 2000 Representative Brice - from 7:18 p.m., April 8 to 9:31 a.m., plane time, April 10, 2000 HB 253 Representatives Smalley and Phillips added their names as cosponsors to: CS FOR HOUSE BILL NO. 253(JUD) "An Act relating to a school disciplinary and safety program; and providing for an effective date." HB 346 Representatives Davis, Kapsner, and Kerttula added their names as cosponsors to: HOUSE BILL NO. 346 "An Act relating to services for persons with developmental disabilities." HB 362 Representative Harris added his name as cosponsor to: HOUSE BILL NO. 362 "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; and providing for an effective date." SB 247 Representative Mulder added his name as cross sponsor to: CS FOR SENATE BILL NO. 247(FIN) "An Act relating to eligibility of certain persons who receive veterans' benefits for longevity bonus payments; and providing for an effective date." 2000-04-04 House Journal Page 2863 ENGROSSMENT HB 99 HB 99 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 253 CSHB 253(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 437 HB 437 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 267 HCS CSSB 267(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 357 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 3:45 p.m., April 3, 2000: HOUSE BILL NO. 357 "An Act relating to the redemption of shares of certain Alaska corporations." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 5, 2000. There being no objection, the House adjourned at 11:52 a.m. Suzi Lowell Chief Clerk