Legislature(1999 - 2000)
2000-04-05 House Journal
Full Journal pdf2000-04-05 House Journal Page 2865 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 5, 2000 Eighty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:11 a.m. Roll call showed 36 members present. Representative Austerman was excused from a call of the House today due to illness. Representatives Croft, Davies, and Mulder were absent and their presence was noted later. The invocation was offered by Pastor Daymond Geary of the Restoration Grace Outreach Center. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Father, we stand together today to honor You and to acknowledge You are our present help. The Psalmist declared, 'There is none like You, there is none to compare You to.' You are a Great God and worthy of our love. Father, we are grateful for the many ways You lead and help us throughout our days. Grant to us all more faith, so that we may walk closely to You. Fill us with Your love, so that we walk more closely to one another. Lord, give us wisdom so that we may each walk worthily in our service to You and our fellow man. We ask for forgiveness for all our shortcomings, and deliverance from yesterday's burdens, so that we may walk in liberty today. Lastly, our Father, pour out Your abundant grace on Alaska, so that our state may be a shining beacon to the nations of this world. One other small request is for a little sunshine for our capital city visitors. All this we ask in Jesus' name. Amen. 2000-04-05 House Journal Page 2866 The Pledge of Allegiance was led by Representative Joule. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 86th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HB 265 The Finance Committee has considered: HOUSE BILL NO. 265 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Davis, Moses, Grussendorf, Davies, Austerman, Foster No recommendation (4): Therriault, Bunde, Phillips, Williams The following fiscal note applies: Fiscal note, Dept. of Community & Economic Development, 3/1/00 HB 265 was referred to the Rules Committee for placement on the calendar. HB 325 The Finance Committee has considered: HOUSE BILL NO. 325 "An Act relating to priorities, claims, and liens for payment for certain medical services provided to medical assistance recipients; and providing for an effective date." and recommends it be replaced with: 2000-04-05 House Journal Page 2867 HB 325 CS FOR HOUSE BILL NO. 325(JUD) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Bunde, Davies, Grussendorf, Moses, Williams, Foster, Phillips No recommendation (3): Mulder, Austerman, Davis The following fiscal note applies to CSHB 325(JUD): Fiscal note, Dept. of Health & Social Services, 2/2/00 HB 325 was referred to the Rules Committee for placement on the calendar. HB 339 The Finance Committee has considered: HOUSE BILL NO. 339 "An Act authorizing the Alaska Commercial Fishing and Agriculture Bank to make loans relating to tourism and development or exploitation of natural resources." and recommends it be replaced with: CS FOR HOUSE BILL NO. 339(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (6): Mulder, Austerman, Grussendorf, Moses, Davies, Foster Do not pass (1): Williams No recommendation (4): Therriault, Bunde, Davis, Phillips 2000-04-05 House Journal Page 2868 HB 339 The following fiscal note applies to CSHB 339(FIN): Zero fiscal note, Dept. of Community & Economic Development, 4/3/00 HB 339 was referred to the Rules Committee for placement on the calendar. HB 387 The State Affairs Committee has considered: HOUSE BILL NO. 387 "An Act prohibiting governmental entities, including municipalities and school districts, from restricting a person's free exercise of religion." and recommends it be replaced with: CS FOR HOUSE BILL NO. 387(HES) "An Act requiring governmental entities, including municipalities and school districts, to meet certain requirements before placing a substantial burden on a person's free exercise of religion." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Green, Whitaker, Ogan Do not pass (1): Kerttula Amend (1): Hudson The following fiscal note applies to CSHB 387(HES): Indeterminate fiscal note, Dept. of Law/All Depts., 4/5/00 HB 387 was referred to the Judiciary Committee. 2000-04-05 House Journal Page 2869 HB 419 The Judiciary Committee has considered: HOUSE BILL NO. 419 "An Act relating to the weekly rate of compensation and minimum and maximum compensation rates for workers' compensation; specifying components of a workers' compensation reemployment plan; adjusting workers' compensation benefits for permanent partial impairment, for reemployment plans, for rehabilitation benefits, for widows, widowers, and orphans, and for funerals; relating to permanent total disability of an employee receiving rehabilitation benefits; relating to calculation of gross weekly earnings for workers' compensation benefits for seasonal and temporary workers and for workers with overtime or premium pay; setting time limits for requesting a hearing on claims for workers' compensation, for selecting a rehabilitation specialist, and for payment of medical bills; relating to termination and to waiver of rehabilitation benefits, obtaining medical releases, and resolving discovery disputes relating to workers' compensation; setting an interest rate for late payments of workers' compensation; providing for updating the workers' compensation medical fee schedule; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 419(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Kott No recommendation (3): Murkowski, Kerttula, James Amend (1): Croft The following fiscal notes apply to CSHB 419(JUD): 2000-04-05 House Journal Page 2870 HB 419 Fiscal note, Office of the Governor/All Depts., 3/29/00 Fiscal note, Dept. of Labor & Workforce Development, 3/29/00 Fiscal note, University of Alaska, 3/29/00 HB 419 was referred to the Finance Committee. HB 432 The Finance Committee has considered: 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 432(FIN) "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; relating to the eligibility of certain nonprofit entities for financial assistance under the tank cleanup grant program and the tank upgrading and closure program; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (10): Therriault, Mulder, Bunde, Austerman, Davies, Grussendorf, Moses, Davis, Williams, Phillips The following fiscal note applies to CSHB 432(FIN): Fiscal note, Dept. of Environmental Conservation, 3/21/00 HB 432 was referred to the Rules Committee for placement on the calendar. 2000-04-05 House Journal Page 2871 SB 281 The Finance Committee has considered: CS FOR SENATE BILL NO. 281(FIN) am "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2001; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 281(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (8): Therriault, Bunde, Austerman, Davies, Davis, Williams, Foster, Phillips No recommendation (2): Grussendorf, Moses The following fiscal note applies to HCS CSSB 281(FIN): Senate zero fiscal note, Office of the Governor/All Depts., 3/17/00 CSSB 281(FIN) am was referred to the Rules Committee for placement on the calendar. **The presence of Representative Davies was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Olympian Christine 'Chris' Clark By Representative Porter Honoring - Bradley Weyiouanna By Representative Joule; Senator Adams 2000-04-05 House Journal Page 2872 Honoring - Wasilla Warriors Boys Varsity Basketball Team By Representatives Kohring, Ogan, Masek; Senators Halford, Green Commemorating - Fairbanks Summer Arts Festival, 20th Anniversary By Representative Brice Honoring - Bill Elander By Senator Tim Kelly CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 369 The following was read the second time: HOUSE BILL NO. 369 "An Act relating to property exemptions under the Alaska Exemptions Act; and providing for an effective date." with the: Journal Page L&C RPT 2DP 2NR 2389 ZERO FISCAL NOTE (LAW) 2389 JUD RPT CS(JUD) NT 2DP 2NR 2782 ZERO FISCAL NOTE (LAW) 3/3/00 2782 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. 369(JUD) "An Act relating to property exemptions under the Alaska Exemptions Act, including removal of the provisions for adjusting the dollar amounts by referring to the consumer price index; and providing for an effective date." There being no objection, it was so ordered. 2000-04-05 House Journal Page 2873 HB 369 Representative Green moved and asked unanimous consent that CSHB 369(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. **The presence of Representatives Croft and Mulder was noted. CSHB 369(JUD) was read the third time. The question being: "Shall CSHB 369(JUD) pass the House?" The roll was taken with the following result: CSHB 369(JUD) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Dyson, Kohring Excused: Austerman And so, CSHB 369(JUD) 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. Representative Cissna gave notice of reconsideration of her vote on CSHB 369(JUD). HB 392 The following was read the second time: HOUSE BILL NO. 392 "An Act relating to continuances for temporary placement hearings 2000-04-05 House Journal Page 2874 HB 392 that follow emergency custody of a minor; and amending Rule 10, Alaska Child in Need of Aid Rules." with the: Journal Page HES RPT CS(HES) NT 4DP 1NR 2392 2 ZERO FISCAL NOTES (LAW, DHSS) 2392 JUD RPT CS(HES) NT 3DP 1NR 2783 2 ZERO FISCAL NOTES (DHSS, LAW) 3/3/00 2784 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. 392(HES) "An Act relating to continuances for temporary custody hearings that follow emergency custody of a child; and amending Rule 10, Alaska Child in Need of Aid Rules." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 392(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 392(HES) was read the third time. The question being: "Shall CSHB 392(HES) pass the House?" The roll was taken with the following result: CSHB 392(HES) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: 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, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 2000-04-05 House Journal Page 2875 HB 392 Excused: Austerman And so, CSHB 392(HES) 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 court rule change. There being no objection, it was so ordered. CSHB 392(HES) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 291 The following was read the second time: SENATE BILL NO. 291 "An Act naming the Ted Stevens Anchorage International Airport." (Companion Bill: HB 434 Ted Stevens Anchorage Int'l Airport) Amendment No. 1 was offered by Representative Green: Page 1, line 1, following "Airport" (title amendment): Insert "; and providing for an effective date" Page 1, following line 6: Insert a new bill section to read: "* Sec. 2. This Act takes effect July 8, 2000." Representative Green moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that SB291(efd add H) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 291(efd add H) was read the third time. 2000-04-05 House Journal Page 2876 SB 291 The question being: "Shall SB 291(efd add H) pass the House?" The roll was taken with the following result: SB 291(efd add H) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman Absent: Davis, Ogan And so, SB 291(efd add H) passed the House and the new title appears below: SENATE BILL NO. 291(efd add H) "An Act naming the Ted Stevens Anchorage International Airport; and providing for an effective date." (technical title change) 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. SB 291(efd add H) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 236 The following, which was advanced to third reading from the April 4, 2000, calendar (page 2858), was read the third time: 2000-04-05 House Journal Page 2877 SB 236 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." The question being: "Shall SB 236 pass the House?" The roll was taken with the following result: SB 236 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: 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, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Austerman And so, SB 236 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. Representative Davies gave notice of reconsideration of his vote on SB236. 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: 2000-04-05 House Journal Page 2878 Honoring - Minnie Aliitchak Qapviatchialuk Gray By Representatives Joule, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Morgan, Mulder, Murkowski, Phillips, Sanders, Smalley, Therriault, Williams; Senator Adams Honoring - Valdez High School, Academic Decathlon Team By Representatives Harris, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - Constance A. Lutz, Alaska Art Educator of the Year By Senator Green; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams Recognizing - Tartan Day, April 6, 2000 By Senator Parnell; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams In Memoriam - Senator Charlie Parr By Representatives Davies, Brice, Porter, Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams; Senator Wilken In Memoriam - Anthony Williams By Representatives Hudson, Kerttula, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kookesh, Morgan, Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams; Senator Elton 2000-04-05 House Journal Page 2879 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 Masek - from 1:35 p.m., April 7 to 9:31 a.m., plane time, April 10, 2000 Representative Moses - from 7:18 p.m., April 6 to 9:34 p.m., plane time, April 10, 2000 HB 392 Representatives Croft, Cissna, and James added their names as cosponsors to: CS FOR HOUSE BILL NO. 392(HES) "An Act relating to continuances for temporary custody hearings that follow emergency custody of a child; and amending Rule 10, Alaska Child in Need of Aid Rules." ENGROSSMENT HB 233 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 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." HB 392 CSHB 392(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2000-04-05 House Journal Page 2880 SB 291 SB 291(efd add H) 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. Dedication - Terry Miller Legislative Office Building April 5, 2000 - 5:00 to 7:00 p.m. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 6, 2000. There being no objection, the House adjourned at 11:41 a.m. Suzi Lowell Chief Clerk