Legislature(1999 - 2000)

2000-04-07 House Journal

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2000-04-07                     House Journal                      Page 2905
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- SECOND SESSION                  
                                                                               
Juneau, Alaska                       Friday              April 7, 2000         
                                                                               
                               Eighty-ninth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:14 a.m.                                                           
                                                                               
                                                                               
Roll call showed 25 members present.  Representatives Brice, James,            
and Moses had been previously excused from a call of the House                 
today.  Representatives Austerman, Barnes, Bunde, Davies, Davis,               
Foster, Grussendorf, Mulder, Phillips, Therriault, and Williams were           
absent and their presence was noted later.                                     
                                                                               
Representative Green moved and asked unanimous consent that                    
Representative Kapsner be excused from a call of the House until               
9:35p.m., plane time, April 9, 2000.   There being no objection, it was        
so ordered.                                                                    
                                                                               
The invocation was offered by Rabbi Harry Rosenfeld of the Temple              
Beth Sholom, Anchorage Jewish Community.  Representative Hudson                
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
Ribono Shel Olam, Ruler of all creation,                                      
                                                                               
We stand before You this day to ask Your guidance.                            
                                                                               
Through Your kindness, help us as leaders to emulate the                      
greatest of all leaders, Moses, Your servant.                                  
                                                                               
Remind us that Moses understood that a leader serves his or                   
her people, the people do not serve the leader.                                
                                                                              

2000-04-07                     House Journal                      Page 2906
Call us to understand that the strength of his leadership came                
from being the humblest of all people.                                         
                                                                               
Place before our eyes Your law which states to show no                        
favoritism to the rich or deference to the poor so that we                     
remember that we reach out to all those in our State.                          
                                                                               
Carve upon our hearts that which Moses knew -- justice must                   
be tempered by mercy, mercy must be tempered by justice --                     
and both by fairness.  Amen.                                                   
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Berkowitz.                  
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Green moved and asked unanimous consent that the                
notice and publication requirements be waived and the citation,                
Honoring - Rabbi Harry Rosenfeld, 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:                                   
                                                                               
                                                                               
Honoring - Rabbi Harry Rosenfeld                                               
By Representatives Berkowitz, Porter, Austerman, Barnes, 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                                                 
                                                                               

2000-04-07                     House Journal                      Page 2907
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 88th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HJR 54                                                                       
A message dated April 6, 2000, was read stating the Senate has passed:         
                                                                               
HOUSE JOINT RESOLUTION NO. 54                                                 
Relating to urging the exclusion of national forests in Alaska from           
President Clinton's proposal for withdrawal of roadless areas in the           
national forest system.                                                        
                                                                               
HJR 54 was referred to the Chief Clerk for enrollment.                         
                                                                               
HB 312                                                                       
A message received and distributed to each member at 11:35 a.m.,               
April 6, 2000, was read stating the Senate has passed:                         
                                                                               
CS FOR HOUSE BILL NO. 312(FIN) am(brf sup maj fld)(efd fld)                   
"An Act making and amending appropriations for the operating                  
and loan program expenses of state government, for certain                     
programs, and to capitalize funds."                                            
                                                                               
with the following amendment with a technical title change and it is           
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 312(FIN)                                  
"An Act making and amending appropriations for the operating                  
and loan program expenses of state government, for certain                     
programs, and to capitalize funds; making appropriations under art.            
IX, sec. 17(c), Constitution of the State of Alaska, from the                  
constitutional budget reserve fund; and providing for an effective             
date."                                                                         
                                                                               
CSHB 312(FIN) am(brf sup maj fld)(efd fld) is under Unfinished                 
Business.                                                                      

2000-04-07                     House Journal                      Page 2908
SB 291                                                                       
A message dated April 6, 2000, was read stating the Senate has                 
concurred in the House amendment to:                                           
                                                                               
SENATE BILL NO. 291                                                           
"An Act naming the Ted Stevens Anchorage International Airport."              
                                                                               
thus adopting:                                                                 
                                                                               
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)                                                      
                                                                               
A message dated April 6, 2000, was read stating the Senate has passed          
the following, and they are transmitted for consideration:                     
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 275                                                                       
CS FOR SENATE BILL NO. 275(HES) by the Senate Health,                          
Education & Social Services Committee, entitled:                               
                                                                               
"An Act relating to the school year for purposes of the                       
postsecondary student loan program; and providing for an effective             
date."                                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 286                                                                       
CS FOR SENATE BILL NO. 286(JUD) by the Senate Judiciary                        
Committee, entitled:                                                           
                                                                               
"An Act relating to the duties and powers of the attorney general."           
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               

2000-04-07                     House Journal                      Page 2909
SB 297                                                                       
CS FOR SENATE BILL NO. 297(L&C) am by the Senate Labor &                       
Commerce Committee, entitled:                                                  
                                                                               
"An Act relating to the licensing of chiropractors and to                     
disciplinary actions against chiropractors."                                   
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
Letters of disclosure were received in accordance with AS 24.60 and            
will be published in House Journal Supplement No. 8.                           
                                                                               
                                                                               
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 312                                                                       
Representative Green moved and asked unanimous consent that the                
House consider the Senate message (page 2907) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 312(FIN) am(brf sup maj fld)(efd fld)                   
"An Act making and amending appropriations for the operating                  
and loan program expenses of state government, for certain                     
programs, and to capitalize funds."                                            
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 312(FIN)                                  
"An Act making and amending appropriations for the operating                  
and loan program expenses of state government, for certain                     
programs, and to capitalize funds; making appropriations under art.            
IX, sec. 17(c), Constitution of the State of Alaska, from the                  
constitutional budget reserve fund; and providing for an effective             
date."                                                                         
                                                                               
	(technical title change)                                                      
                                                                               

2000-04-07                     House Journal                      Page 2910
HB 312                                                                       
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved that the House concur in the Senate                 
amendment to CSHB 312(FIN) am(brf sup maj fld)(efd fld), thus                  
adopting SCS CSHB 312(FIN), and recommended that the members                   
vote no.                                                                       
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 312(FIN) am(brf sup maj fld)(efd fld)?"  The roll was taken            
with the following result:                                                     
                                                                               
SCS CSHB 312(FIN)                                                              
Concur                                                                         
                                                                               
YEAS:  0   NAYS:  25   EXCUSED:  4   ABSENT:  11                             
                                                                               
Nays:  Berkowitz, Cissna, Coghill, Cowdery, Croft, Dyson, Green,               
Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kookesh,            
Kott, Masek, Morgan, Murkowski, Ogan, Porter, Rokeberg, Sanders,               
Smalley, Whitaker                                                              
                                                                               
Excused:  Brice, James, Kapsner, Moses                                         
                                                                               
Absent:  Austerman, Barnes, Bunde, Davies, Davis, Foster,                      
Grussendorf, Mulder, Phillips, Therriault, Williams                            
                                                                               
And so, the House failed to concur in the Senate amendment, thus               
failing to adopt SCS CSHB 312(FIN).                                            
                                                                               
The Chief Clerk was instructed to so notify the Senate and respectfully        
request it to recede.                                                          
                                                                               
In the event the Senate fails to recede from its amendment, 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, Chair                                                   
Representative Therriault                                                      
Representative Davies                                                          
                                                                               
                                                                               

2000-04-07                     House Journal                      Page 2911
HB 312                                                                       
The Speaker stated that Uniform Rule 23(d) would be in effect with             
the  appointment of a Conference Committee to consider the operating           
budget.                                                                        
                                                                               
                                                                               
HB 313                                                                       
Representative Green moved and asked unanimous consent that the                
House consider the Senate message (page 2884) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 313(FIN) am                                             
"An Act making appropriations for the operating and capital                   
expenses of the state's integrated comprehensive mental health                 
program; and providing for an effective date."                                 
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 313(FIN)                                  
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Green moved that the House concur in the Senate                 
amendment to CSHB 313(FIN) am, thus adopting SCS CSHB
313(FIN), and recommended that the members vote no.                            
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 313(FIN) am?"  The roll was taken with the following result:           
                                                                               
SCS CSHB 313(FIN)                                                              
Concur                                                                         
                                                                               
YEAS:  0   NAYS:  25   EXCUSED:  4   ABSENT:  11                             
                                                                               
Nays:  Berkowitz, Cissna, Coghill, Cowdery, Croft, Dyson, Green,               
Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kookesh,            
Kott, Masek, Morgan, Murkowski, Ogan, Porter, Rokeberg, Sanders,               
Smalley, Whitaker                                                              
                                                                               
Excused:  Brice, James, Kapsner, Moses                                         
                                                                               

2000-04-07                     House Journal                      Page 2912
HB 313                                                                       
Absent:  Austerman, Barnes, Bunde, Davies, Davis, Foster,                      
Grussendorf, Mulder, Phillips, Therriault, Williams                            
                                                                               
And so, the House failed to concur in the Senate amendment, thus               
failing to adopt SCS CSHB 313(FIN).                                            
                                                                               
The Chief Clerk was instructed to so notify the Senate and respectfully        
request it to recede.                                                          
                                                                               
In the event the Senate fails to recede from its amendment, 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, Chair                                                   
Representative Therriault                                                      
Representative Davies                                                          
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
A letter dated April 5, 2000, from Representative Kott, Chair, was read        
stating that the Judiciary Committee recommends confirmation of the            
reappointment of Shirley McCoy (page 1879), as a public member to              
the Select Committee on Legislative Ethics.                                    
                                                                               
                                                                               
The State Affairs Committee has reviewed the qualifications of the             
following and recommends the appointment be forwarded to a joint               
session for consideration:                                                     
                                                                               
                            Ms. Lisa M. Fitzpatrick                            
                                                                               
as a member of the State Commission for Human Rights.                          
                                                                               
                                                                               
The report was signed by Representative James, Chair, and                      
Representatives Whitaker, Hudson, Kerttula, Smalley, and Ogan.                 
                                                                               

2000-04-07                     House Journal                      Page 2913
HJR 49                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 49                                                 
Proposing an amendment to the Constitution of the State of Alaska             
to guarantee the permanent fund dividend, to provide for inflation             
proofing, and to require a vote of the people before changing the              
statutory formula for distribution that existed on January 1, 2000.            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 49(STA)                                     
Proposing amendments to the Constitution of the State of Alaska               
to guarantee the permanent fund dividend, to provide for inflation             
proofing of the permanent fund, and to require a vote of the                   
people before changing the statutory formula for distribution of               
permanent fund income that existed on January 1, 2000; and                     
providing for an effective date.                                               
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  Ogan                                                             
                                                                               
Do not pass (4):  James, Smalley, Kerttula, Hudson                             
                                                                               
No recommendation (2):  Green, Whitaker                                        
                                                                               
The following fiscal note applies to CSHJR 49(STA):                            
                                                                               
Fiscal note, Office of the Governor, 4/7/00                                    
                                                                               
HJR 49 was referred to the Judiciary Committee.                                
                                                                               
HB 317                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 317                                                            
"An Act relating to recruitment, selection, appointment, and                  
promotion of state employees and the duties of the Department of               
Administration concerning those and other related functions; and               
providing for an effective date."                                              

2000-04-07                     House Journal                      Page 2914
HB 317                                                                       
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 317(STA)                                                
"An Act relating to recruitment, selection, appointment, promotion,           
and nonretention of state employees and to the duties of the                   
Department of Administration concerning those and other related                
functions; and providing for an effective date."                               
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (3):  Phillips, Davies, Foster                                         
                                                                               
No recommendation (4):  Therriault, Austerman, Williams, Davis                 
                                                                               
The following fiscal note applies to CSHB 317(STA):                            
                                                                               
Zero fiscal note, Dept. of Administration/All Depts., 1/24/00                  
                                                                               
HB 317 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 362                                                                       
The Finance Committee has considered:                                          
                                                                               
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."                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 362(FIN)                                                
"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                

2000-04-07                     House Journal                      Page 2915
HB 362                                                                       
the Alaska Railroad Corporation and Chugach Alaska Corporation,               
and between the Alaska Railroad Corporation and the Municipality               
of Anchorage; authorizing the transfer of land between Alaska                  
Railroad mileposts 133 and 134 from the Alaska Railroad                        
Corporation to certain named individuals; 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 Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (8):  Therriault, Mulder, Davies, Moses, Davis, Williams,              
Foster, Phillips                                                               
                                                                               
No recommendation (3):  Bunde, Austerman, Grussendorf                          
                                                                               
The following fiscal note applies to CSHB 362(FIN):                            
                                                                               
Zero fiscal note, Dept. of Community & Economic Development,                   
3/3/00                                                                         
                                                                               
HB 362 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 368                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 368                                                            
"An Act relating to release of persons before trial and before                
sentencing or service of sentence; relating to custodians of persons           
released, to security posted on behalf of persons released, and to             
the offense of violation of conditions of release; amending Rule               
41(f), Alaska Rules of Criminal Procedure; and providing for an                
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               

2000-04-07                     House Journal                      Page 2916
HB 368                                                                       
CS FOR HOUSE BILL NO. 368(JUD)                                                
"An Act relating to release of persons before trial and before                
sentencing or service of sentence; relating to when service of                 
sentence shall begin; relating to custodians of persons released, to           
security posted on behalf of persons released, and to the offense              
of violation of conditions of release; and amending Rule 41(f),                
Alaska Rules of Criminal Procedure."                                           
                                                                               
The report was signed by Representatives Mulder and Therriault, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (3):  Mulder, Bunde, Phillips                                          
                                                                               
No recommendation (7):  Austerman, Davies, Grussendorf, Davis,                 
Williams, Therriault, Foster                                                   
                                                                               
The following fiscal notes apply to CSHB 368(JUD):                             
                                                                               
Fiscal note, Dept. of Administration, 2/11/00                                  
Indeterminate fiscal note, Dept. of Corrections, 2/11/00                       
Zero fiscal note, Dept. of Law, 2/11/00                                        
                                                                               
HB 368 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 372                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 372                                                            
"An Act relating to criminal sentencing and restitution."                     
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 372(FIN)                                                
(same title)                                                                  
                                                                               
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               

2000-04-07                     House Journal                      Page 2917
HB 372                                                                       
Do pass (9):  Therriault, Bunde, Davies, Grussendorf, Moses, Davis,            
Williams, Foster, Phillips                                                     
                                                                               
No recommendation (1):  Austerman                                              
                                                                               
The following fiscal note applies to CSHB 372(FIN):                            
                                                                               
Indeterminate fiscal note, Dept. of Corrections, 3/30/00                       
                                                                               
HB 372 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 438                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 438                                                            
"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."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 438(STA)                                                
"An Act permitting certain emergency medical personnel to                     
convert their credited service under the public employees'                     
retirement system to credited service as peace officers; 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, Whitaker                               
                                                                               
No recommendation (2):  Green, Hudson                                          
                                                                               
The following fiscal note applies to CSHB 438(STA):                            
                                                                               
Zero fiscal note, Dept. of Administration, 4/7/00                              

2000-04-07                     House Journal                      Page 2918
HB 438                                                                       
HB 438 was referred to the Finance Committee.                                  
**The presence of Representative Bunde was noted.                              
                                                                               
HB 439                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 439                                                            
"An Act relating to the compensation of certain public employees              
and officials not covered by collective bargaining agreements; and             
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 439(STA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (2):  Kerttula, Hudson                                                 
                                                                               
Do not pass (1):  Whitaker                                                     
                                                                               
No recommendation (1):  James                                                  
                                                                               
Amend (1):  Smalley                                                            
                                                                               
The following fiscal note applies to CSHB 439(STA):                            
                                                                               
Fiscal note, Office of the Governor/All Depts., 3/28/00                        
                                                                               
HB 439 was referred to the Finance Committee.                                  
                                                                               
SB 247                                                                       
The State Affairs Committee has considered:                                    
                                                                               
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."                                                            

2000-04-07                     House Journal                      Page 2919
SB 247                                                                       
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  James, Smalley, Kerttula, Green, Whitaker, Ogan                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate fiscal note, Dept. of Administration, 3/20/00                           
                                                                               
CSSB 247(FIN) was referred to the Finance Committee.                           
**The presence of Representatives Davis, Phillips, Williams,                   
Grussendorf, Davies, Foster, and Mulder was noted.                             
                                                                               
                                                                               
Representative Kott moved that the House confirm the reappointment             
of Shirley McCoy to the Select Committee on Legislative Ethics.                
                                                                               
The question being:  "Shall the House confirm the reappointment of             
Shirley McCoy to the Select Committee on Legislative Ethics?"  The             
roll was taken with the following result:                                      
                                                                               
Select Committee on Legislative Ethics                                         
Confirm Reappointment of Shirley McCoy                                         
                                                                               
YEAS:  31   NAYS:  2   EXCUSED:  4   ABSENT:  3                              
                                                                               
Yeas:  Barnes, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft,              
Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris,              
Hudson, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek,               
Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Whitaker,              
Williams                                                                       
                                                                               
Nays:  Ogan, Sanders                                                           
                                                                               
Excused:  Brice, James, Kapsner, Moses                                         
                                                                               
Absent:  Austerman, Morgan, Therriault                                         
                                                                               
And so, the reappointment was confirmed.                                       
                                                                               
The Chief Clerk notified the Senate.                                           

2000-04-07                     House Journal                      Page 2920
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Joe McGill                                                          
By Representative Kapsner                                                      
                                                                               
Honoring - Boys & Girls Club of Palmer/Wasilla Steering Committee              
By Representatives Kohring, Ogan, Masek; Senators Halford, Green               
                                                                               
Honoring - Coast Guard Station Juneau                                          
By Senator Tim Kelly; Representative Hudson                                    
                                                                               
Honoring - Roland L. Peretti                                                   
By Senator Miller                                                              
                                                                               
In Memoriam - Dawn E. Richardson                                               
By Representatives Kohring, Barnes; Senators Tim Kelly, Halford                
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
                                                                               
                  INTRODUCTION, FIRST READING AND REFERENCE                   
                                OF HOUSE BILLS                                
                                                                               
HB 445                                                                       
HOUSE BILL NO. 445 by the House Finance Committee, entitled:                   
                                                                               
"An Act relating to a rural school construction and planned                   
maintenance pilot program; and providing for an effective date."               
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 98                                                                        
The following was read the second time:                                        
                                                                               

2000-04-07                     House Journal                      Page 2921
HB 98                                                                        
HOUSE BILL NO. 98                                                             
"An Act relating to contracts for the provision of state public               
assistance to certain recipients in the state; providing for regional          
public assistance plans and programs in the state; relating to grants          
for Alaska tribal family assistance programs; and providing for an             
effective date."                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	CRA RPT  CS(CRA) NT  6DP                                          469         
	ZERO FISCAL NOTE (DHSS) 2/19/99                                   470         
	HES RPT  CS(HES) NT 1DP 1DNP 3NR                                 2384         
	ZERO FISCAL NOTE (DHSS)                                          2385         
	FIN RPT CS(HES) NT 6DP 1NR                                       2708         
	ZERO FISCAL NOTE (REV)                                           2709         
	ZERO FISCAL NOTE (DHSS) 3/3/00                                   2709         
                                                                               
                                                                               
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. 98(HES)                                                 
"An Act relating to contracts for the provision of state public               
assistance to certain recipients in the state; providing for regional          
public assistance plans and programs in the state; relating to grants          
for Alaska Native family assistance programs; relating to                      
assignment of child support by Alaska Native family assistance                 
recipients; to paternity determinations and genetic testing involving          
recipients of assistance under Alaska Native family assistance                 
programs; and providing for an effective date."                                
                                                                               
There being no objection, it was so ordered.                                   
**The presence of Representative Austerman was noted.                          
                                                                               
Representative Green moved and asked unanimous consent that the                
House revert to Reports of Standing Committees.                                
                                                                               
Representative Davies objected.                                                
                                                                               

2000-04-07                     House Journal                      Page 2922
Representative Green moved and asked unanimous consent to                      
withdraw the motion.  There being no objection, it was so ordered.             
HB 98                                                                        
Amendment No. 1 was offered  by Representative Coghill:                         
                                                                               
Page 15, lines 3-8:                                                            
	Delete all material.                                                          
	Insert "(f)  A person applying for state public assistance under this         
chapter in a region of the state covered by both a regional public             
assistance program and the department, may obtain state public                 
assistance from the organization designated by the department to serve         
the region or from the department."                                            
                                                                               
Representative Coghill moved and asked unanimous consent that                  
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Morgan objected.                                                
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 98(HES)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  16   NAYS:  19   EXCUSED:  4   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Berkowitz, Coghill, Cowdery, Davies, Dyson, Harris,             
Kohring, Kott, Masek, Mulder, Ogan, Porter, Sanders, Therriault,               
Whitaker                                                                       
                                                                               
Nays:  Austerman, Bunde, Cissna, Croft, Davis, Foster, Green,                  
Grussendorf, Halcro, Hudson, Joule, Kemplen, Kerttula, Kookesh,                
Morgan, Murkowski, Phillips, Smalley, Williams                                 
                                                                               
Excused:  Brice, James, Kapsner, Moses                                         
                                                                               
Absent:  Rokeberg                                                              
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               

2000-04-07                     House Journal                      Page 2923
HB 98                                                                        
Representative Green moved and asked unanimous consent that CSHB
98(HES) be considered engrossed, advanced to third reading and                 
placed on final passage.                                                       
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker stated that CSHB 98(HES) will be in third reading on the           
April 8, 2000, calendar.                                                       
                                                                               
                                                                               
HB 265                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 265                                                            
"An Act extending the termination date of the Alaska regional                 
economic assistance program; and providing for an effective date."             
                                                                               
with the:                                                 Journal Page         
                                                                               
	EDT RPT 5DP 1NR                                                  2250         
	FISCAL NOTE (H.EDT/DCED)                                         2251         
	CRA RPT 6DP                                                      2352         
	FISCAL NOTE (DCED)                                               2353         
	FIN RPT 6DP 4NR                                                  2866         
	FISCAL NOTE (DCED) 3/1/00                                        2866         
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that                    
HB265 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB 265 was read the third time.                                                
                                                                               
Representative Berkowitz moved and asked unanimous consent that he             
be allowed to abstain from voting due to a conflict of interest.               
Objection was heard, and Representative Berkowitz was required to              
vote.                                                                          
                                                                               
The question being:  "Shall HB 265 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               

2000-04-07                     House Journal                      Page 2924
HB 265                                                                       
                                                                               
HB 265                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill,                   
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kookesh,            
Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter,                
Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams                     
                                                                               
Excused:  Brice, James, Kapsner, Moses                                         
                                                                               
And so, HB 265 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.           
                                                                               
HB 265 was referred to the Chief Clerk for engrossment.                        
                                                                               
HB 432                                                                       
The following was read the second time:                                        
                                                                               
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."                                                            
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT 5DP 3NR                                                  2633         
	FISCAL NOTE (DEC)                                                2634         
	FIN RPT CS(FIN) NT 10DP                                          2870         
	FISCAL NOTE (DEC) 3/21/00                                        2870         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               

2000-04-07                     House Journal                      Page 2925
HB 432                                                                       
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."                                 
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHB
432(FIN) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 432(FIN) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 432(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 432(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill,                   
Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro,             
Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott,              
Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,            
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
Excused:  Brice, James, Kapsner, Moses                                         
                                                                               
Absent:  Dyson                                                                 
                                                                               
And so, CSHB 432(FIN) 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 432(FIN) was referred to the Chief Clerk for engrossment.                 

2000-04-07                     House Journal                      Page 2926
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 35                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 35                                                 
Relating to requesting the United States Congress to repeal the               
"Brady Handgun Protection Act".                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	WTR RPT  4DP 2NR                                                 2275         
	ZERO FISCAL NOTE (H.WTR)                                         2276         
	JUD RPT 1DP 1DNP 2NR                                             2628         
	ZERO FISCAL NOTE (H.WTR) 2/23/00                                 2628         
                                                                               
Representative Green moved and asked unanimous consent that                    
HJR35 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HJR 35 was read the third time.                                                
                                                                               
Representative Ogan placed a call of the House.                                
                                                                               
The Speaker stated the call was satisfied.                                     
                                                                               
The question being:  "Shall HJR 35 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HJR 35                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  21   NAYS:  15   EXCUSED:  4   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Coghill, Cowdery, Davis, Dyson, Foster,              
Green, Harris, Kohring, Kott, Masek, Morgan, Mulder, Ogan, Phillips,           
Rokeberg, Sanders, Therriault, Whitaker, Williams                              
                                                                               
Nays:  Berkowitz, Bunde, Cissna, Croft, Davies, Grussendorf, Halcro,           
Hudson, Joule, Kemplen, Kerttula, Kookesh, Murkowski, Porter,                  
Smalley                                                                        
                                                                               

2000-04-07                     House Journal                      Page 2927
HJR 35                                                                       
Excused:  Brice, James, Kapsner, Moses                                         
                                                                               
And so, HJR 35 passed the House.                                               
                                                                               
Representative Croft gave notice of reconsideration of his vote on             
HJR35.                                                                         
                            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 - Kake High School Women's Basketball Team, The                       
Thunderbirds                                                                   
By Representatives Kookesh, Porter, Berkowitz, Brice, Bunde, Cissna,           
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 - Duane Davies, Kake High School's Coach                              
By Representatives Kookesh, Porter, Berkowitz, Brice, Bunde, Cissna,           
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 - Kake High School Men's Basketball Team                              
By Representatives Kookesh, Porter, Berkowitz, Brice, Bunde, Cissna,           
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 Angoon Eagles, Angoon High School Boys Basketball               
Team                                                                           
By Representatives Kookesh, Porter, Berkowitz, Brice, Bunde, Cissna,           
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                                                           

2000-04-07                     House Journal                      Page 2928
Honoring - Yakutat High School Girls' Basketball Team, The 'Eagles'            
By Representatives Kookesh, Porter, Berkowitz, Brice, Bunde, Cissna,           
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 - Chuck West                                                          
By Senator Pete Kelly; Representatives Porter, Berkowitz, Brice,               
Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson,                  
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg,           
Sanders, Smalley, Therriault, Williams                                         
                                                                               
Honoring - Lathrop High School, Academic Decathlon Team                        
By Senator Pete Kelly; Representatives Porter, Berkowitz, Brice,               
Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green,           
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips,            
Rokeberg, Sanders, Smalley, Therriault, Williams                               
                                                                               
Honoring - James A. Messer                                                     
By Senator Pete Kelly; Representatives Porter, Berkowitz, Brice,               
Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson,                  
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kott, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders,          
Smalley, Therriault, Williams                                                  
                                                                               
In Memoriam - William A. Anderson                                              
By Representatives Austerman, Porter, Berkowitz, Brice, Bunde,                 
Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf,             
Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula,              
Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips,                      
Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Mackie               
                                                                               
In Memoriam - Helena George                                                    
By Representatives Kapsner, Porter, Berkowitz, Brice, Bunde, Cissna,           
Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf,            
Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kookesh,              
Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders,            
Smalley, Therriault, Williams                                                  
                                                                               

2000-04-07                     House Journal                      Page 2929
                               RECONSIDERATION                               
SB 162                                                                       
Representative Cissna brought up reconsideration of the vote on HCS            
CSSB 162(JUD) (page 2892).                                                     
                                                                               
The following was again before the House in third reading:                     
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 162(JUD)                                  
"An Act relating to the rule against perpetuities, nonvested                  
property interests, and powers of appointment; and providing for               
an effective date."                                                            
                                                                               
**Representative Davies had been previously excused from a call of             
the House today (page 2900).                                                   
                                                                               
The question to be reconsidered:  "Shall HCS CSSB 162(JUD) pass the            
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 162(JUD)--RECONSIDERATION                                             
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  28   NAYS:  1   EXCUSED:  5   ABSENT:  6                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Coghill, Cowdery, Davis,                  
Dyson, Green, Harris, Hudson, Joule, Kerttula, Kohring, Kookesh,               
Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter,                
Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams                     
                                                                               
Nays:  Cissna                                                                  
                                                                               
Excused:  Brice, Davies, James, Kapsner, Moses                                 
                                                                               
Absent:  Bunde, Croft, Foster, Grussendorf, Halcro, Kemplen                    
                                                                               
And so, HCS CSSB 162(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.           
                                                                               

2000-04-07                     House Journal                      Page 2930
SB 162                                                                       
HCS CSSB 162(JUD) was referred to the Chief Clerk for engrossment.             
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 35                                                                       
Representative Ogan added his name as cosponsor to:                            
                                                                               
HOUSE JOINT RESOLUTION NO. 35                                                 
Relating to requesting the United States Congress to repeal the               
"Brady Handgun Protection Act".                                                
                                                                               
                                                                               
HB 265                                                                       
Representative Masek added her name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 265                                                            
"An Act extending the termination date of the Alaska regional                 
economic assistance program; and providing for an effective date."             
                                                                               
                                                                               
HB 372                                                                       
Representative Berkowitz added his name as cosponsor to:                       
                                                                               
HOUSE BILL NO. 372                                                            
"An Act relating to criminal sentencing and restitution."                     
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 265                                                                       
HB 265 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 432                                                                       
CSHB 432(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
SB 162                                                                       
HCS CSSB 162(JUD) was engrossed, signed by the Speaker and Chief               
Clerk and transmitted to the Senate for consideration.                         
                                                                               

2000-04-07                     House Journal                      Page 2931
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
With appointment of the Conference Committee on the operating                  
budget, Rule 23(d) of the Uniform Rules is in effect as of April 7,            
2000.  Submit written notice of a meeting by 4:00 p.m. to the Chief            
Clerk's office for publication in the next day's committee schedule.           
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., April 8, 2000.  There being no                 
objection, the House adjourned at 12:28 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk