Legislature(1999 - 2000)
2000-05-05 House Journal
Full Journal pdf2000-05-05 House Journal Page 3801 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE THIRD SPECIAL SESSION Juneau, Alaska Friday May 5, 2000 Second Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:11 a.m. Roll call showed 25 members present. Representatives Croft, Grussendorf, James, Joule, Kapsner, Kohring, Kookesh, Moses, Ogan, Phillips, Rokeberg, and Sanders were absent and their presence was noted later. Representative Green moved and asked unanimous consent that Representatives Halcro, Kemplen, and Whitaker be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain Designee, Representative Green. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty and everlasting God, we thank You for the gorgeous day You have provided for us and, Lord, the sunshine is refreshing. Lord, I would ask that You would also put sunshine in our hearts and lead us so that we would continue to work as a body, not for any individual, but for the betterment of all the people of the state of Alaska; further that we would come to some sort of an agreement that would provide the necessary funding for whatever the State has to offer. And, Lord, we would ask that as we leave this place we would remain in unity. In the Lord Jesus Christ's name, Amen. 2000-05-05 House Journal Page 3802 The Pledge of Allegiance was led by Representative Cissna. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 115th legislative day and the first day of the Third Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/5 Representative Green moved and asked unanimous consent that the House recess. There being no objection, the House recessed at 10:14a.m. AFTER RECESS The Speaker called the House back to order at 8:08 p.m. **The presence of Representatives Croft, Grussendorf, James, Kapsner, Kohring, Ogan, Phillips, Rokeberg, and Sanders was noted. **The presence of Representative Halcro, who had been previously excused, was noted. MESSAGES FROM THE GOVERNOR HB 289 A message dated May 4, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 289 "An Act relating to transportation of members of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine highway system and the Alaska Railroad; and relating to the Alaska State Defense Force." 2000-05-05 House Journal Page 3803 HB 289 Chapter No. 25, SLA 2000 Effective Date: August 2, 2000 HB 318 A message dated May 4, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 318(JUD) "An Act relating to property disposal by law enforcement agencies." Chapter No. 26, SLA 2000 Effective Date: August 2, 2000 REPORTS OF STANDING COMMITTEES HB 3001 The Finance Committee has considered: HOUSE BILL NO. 3001 "An Act appropriating amounts to cover the fiscal year 2001 monetary terms of the collective bargaining agreements for employees of the University of Alaska and the fiscal year 2001 salary and benefit adjustments for university employees who are not members of a collective bargaining unit; appropriating amounts to cover the fiscal year 2001 monetary terms of all executive branch collective bargaining agreements and the fiscal year 2001 salary and benefit adjustments for elected officials, officers, and employees of the legislative, judicial, and executive branches who are not members of a collective bargaining unit; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 3001(FIN) "An Act making an appropriation to cover the fiscal year 2001 monetary terms of the collective bargaining agreements for 2000-05-05 House Journal Page 3804 HB 3001 employees of the University of Alaska and the fiscal year 2001 salary and benefit adjustments for university employees who are not members of a collective bargaining unit; making appropriations and reappropriations to cover the fiscal year 2001 monetary terms of all executive branch collective bargaining agreements and the fiscal year 2001 salary and benefit adjustments for elected officials, officers, and employees of the executive branch who are not members of a collective bargaining unit; making an appropriation to cover the fiscal year 2001 salary and benefit adjustments for Alaska Court System employees; making an appropriation to cover the fiscal year 2001 salary and benefit adjustments for employees of the legislature and to cover the fiscal year 2001 benefit adjustments, other than lump sum payments, for elected officials of the legislative branch; making a supplemental appropriation for the Medicaid pro-share program for fiscal year 2000; and providing for an effective date." The report was signed by Representatives Mulder and Therriault, Co- chairs, with the following individual recommendations: Do pass (10): Mulder, Bunde, Austerman, Davies, Grussendorf, Moses, Davis, Williams, Phillips, Foster No recommendation (1): Therriault HB 3001 is on today's calendar. HB 3002 The Finance Committee has considered: HOUSE BILL NO. 3002 "An Act relating to the compensation of certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date." and recommends it be replaced with: 2000-05-05 House Journal Page 3805 HB 3002 CS FOR HOUSE BILL NO. 3002(FIN) "An Act setting the compensation and certain benefits of certain public officials, officers, and employees not covered by collective bargaining agreements; 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): Mulder, Bunde, Austerman, Davies, Grussendorf, Moses, Davis, Williams, Phillips, Foster No recommendation (1): Therriault The following fiscal note applies to CSHB 3002(FIN): Zero fiscal note, House Finance Committee/University of Alaska, 5/5/00 HB 3002 is on today's calendar. **The presence of Representative Moses was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 3001 The following was read the second time: HOUSE BILL NO. 3001 "An Act appropriating amounts to cover the fiscal year 2001 monetary terms of the collective bargaining agreements for employees of the University of Alaska and the fiscal year 2001 salary and benefit adjustments for university employees who are not members of a collective bargaining unit; appropriating amounts to cover the fiscal year 2001 monetary terms of all executive branch collective bargaining agreements and the fiscal year 2001 salary and benefit adjustments for elected officials, officers, and 2000-05-05 House Journal Page 3806 HB 3001 employees of the legislative, judicial, and executive branches who are not members of a collective bargaining unit; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NT 10DP 1NR 3803 **The presence of Representatives Joule and Kookesh was noted. Representative Green moved and asked unanimous consent that Representative Morgan be excused from a call of the House today. There being no objection, it was so ordered. 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. 3001(FIN) "An Act making an appropriation to cover the fiscal year 2001 monetary terms of the collective bargaining agreements for employees of the University of Alaska and the fiscal year 2001 salary and benefit adjustments for university employees who are not members of a collective bargaining unit; making appropriations and reappropriations to cover the fiscal year 2001 monetary terms of all executive branch collective bargaining agreements and the fiscal year 2001 salary and benefit adjustments for elected officials, officers, and employees of the executive branch who are not members of a collective bargaining unit; making an appropriation to cover the fiscal year 2001 salary and benefit adjustments for Alaska Court System employees; making an appropriation to cover the fiscal year 2001 salary and benefit adjustments for employees of the legislature and to cover the fiscal year 2001 benefit adjustments, other than lump sum payments, for elected officials of the legislative branch; making a supplemental appropriation for the Medicaid pro-share program for fiscal year 2000; and providing for an effective date." There being no objection, it was so ordered. 2000-05-05 House Journal Page 3807 HB 3001 Amendment No. 1 was offered by Representative Mulder: Page 11, line 13: Delete "Section 5(e) of this Act takes" Insert "Sections 5(e) and 6 of this Act take" Representative Mulder 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 CSHB 3001(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 3001(FIN) am was read the third time. The Speaker stated that, without objection, the House would recess; and so the House recessed at 9:04 p.m. AFTER RECESS The Speaker called the House back to order at 11:31 p.m. HB 3001 CSHB 3001(FIN) am was again before the House in third reading. Representative Green moved and asked unanimous consent that CSHB 3001(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Mulder: Page 2, lines 1 - 2 (title amendment): Delete "making a supplemental appropriation for the Medicaid pro-share program for fiscal year 2000;" 2000-05-05 House Journal Page 3808 HB 3001 Page 10, line 3: Delete "The" Insert "After payment of Medicaid claims incurred in the fiscal year ending June 30, 2000, the" Page 10, lines 15 - 18: Delete all material. Page 11, line 12: Delete all material. Renumber the following bill sections accordingly. Page 11, line 14: Delete "sec. 7" Insert "sec. 6" Representative Mulder moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 3001(FIN) am "An Act making an appropriation to cover the fiscal year 2001 monetary terms of the collective bargaining agreements for employees of the University of Alaska and the fiscal year 2001 salary and benefit adjustments for university employees who are not members of a collective bargaining unit; making appropriations and reappropriations to cover the fiscal year 2001 monetary terms of all executive branch collective bargaining agreements and the fiscal year 2001 salary and benefit adjustments for elected officials, officers, and employees of the executive branch who are not members of a collective bargaining unit; making an appropriation to cover the fiscal year 2001 salary and benefit adjustments for Alaska Court System employees; making an appropriation to cover the fiscal year 2001 salary and benefit adjustments for employees of the legislature and to cover the fiscal year 2001 benefit adjustments, other than lump sum payments, for elected officials of the legislative branch; and providing for an effective date." 2000-05-05 House Journal Page 3809 HB 3001 Representative Green moved and asked unanimous consent that CSHB 3001(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Mulder: Page 8, line 16: Delete "$55,600" Insert "$4,055,600" Representative Mulder moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 3001(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Mulder: Page 11, following line 11: Insert a new subsection to read: "(h) The unexpended and unobligated balance of an operating appropriation for fiscal year 2000, on June 30th of 2000, that is not otherwise reappropriated is appropriated to the Office of the Governor, office of management and budget, to implement the monetary terms of the collective bargaining agreements, and to pay salary and benefit adjustments, described in sec. 1 of this Act, for the fiscal year ending June 30, 2001." Page 11, line 13, following "5(e)": Insert "and 5(h)" Representative Mulder moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. 2000-05-05 House Journal Page 3810 HB 3001 The question being: "Shall CSHB 3001(FIN) am pass the House?" The roll was taken with the following result: CSHB 3001(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Williams Nays: Coghill, Cowdery, Kohring, Therriault Excused: Kemplen, Morgan, Whitaker Absent: Ogan And so, CSHB 3001(FIN) am 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 Green moved and asked unanimous consent that engrossment of CSHB 3001(FIN) am be waived. There being no objection, it was so ordered. CSHB 3001(FIN) am was referred to the Chief Clerk for transmittal to the Senate with copies of certified amendments attached. HB 3002 The following was read the second time: HOUSE BILL NO. 3002 "An Act relating to the compensation of certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date." 2000-05-05 House Journal Page 3811 HB 3002 with the: Journal Page FIN RPT CS(FIN) NT 10DP 1NR 3804 ZERO FISCAL NOTE (H.FIN/UA) 3805 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. 3002(FIN) "An Act setting the compensation and certain benefits of certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 3002(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 3002(FIN) was read the third time. The question being: "Shall CSHB 3002(FIN) pass the House?" The roll was taken with the following result: CSHB 3002(FIN) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Williams Nays: Coghill, Cowdery, Kohring Excused: Kemplen, Morgan, Whitaker 2000-05-05 House Journal Page 3812 HB 3002 Absent: Ogan And so, CSHB 3002(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 3002(FIN) was referred to the Chief Clerk for engrossment. ENGROSSMENT HB 3002 CSHB 3002(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 60 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:55 p.m., May 5, 2000: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) am S Opposing the designation of millions of acres of Alaska as critical habitat for the Spectacled Eider and the Steller's Eider. HB 121 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:55 p.m., May 5, 2000: CS FOR HOUSE BILL NO. 121(L&C) am S "An Act relating to patients' rights under a health care insurance plan or contract providing coverage for dental care, and prohibiting certain practices by health care insurers relating to dental care." 2000-05-05 House Journal Page 3813 HB 133 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:55 p.m., May 5, 2000: SENATE CS FOR CS FOR HOUSE BILL NO. 133(CRA) am S "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." HB 324 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:55 p.m., May 5, 2000: HOUSE BILL NO. 324 "An Act requiring written consent by the person who is the subject of the information before releasing personal information contained in motor vehicle records, to comply with 18 U.S.C. 2721; and providing for an effective date." The following memorandum, dated April 29, 2000, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in HB 324, which has been corrected in enrolling: Page 2, line 30: Delete "THAT"" HB 331 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:55 p.m., May 5, 2000: 2000-05-05 House Journal Page 3814 HB 331 SENATE CS FOR CS FOR HOUSE BILL NO. 331(RLS) "An Act relating to compensation of members of the Alaska National Guard and Alaska Naval Militia in active service; changing the name of the Alaska State Militia to the Alaska State Defense Force; relating to compensation and work status for members of the Alaska State Defense Force; and providing for an effective date." ANNOUNCEMENTS There were no House committee announcements today. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 6, 2000. There being no objection, the House adjourned at 11:41 p.m. Suzi Lowell Chief Clerk