Legislature(1997 - 1998)
1997-02-19 House Journal
Full Journal pdf1997-02-19 House Journal Page 0391 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday February 19, 1997 Thirty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:06 a.m. Roll call showed 37 members present. Representatives Hanley and Moses were absent and their presence was noted later. Representative Porter moved and asked unanimous consent that Representative Nicholia's previous excuse be extended through noon, plane time, today (p. 379). There being no objection, it was so ordered. The excused absence was later withdrawn. The invocation was offered by the Chaplain, Reverend Larry Olson of the Eagle Wings Community Church. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Lord, As we go about our daily tasks, give us a sense that future generations depend on what we do today. Be with the men and women of this House as they attend to many awesome responsibilities. Give them a spirit of justice, a mind for creativity, the ability to sift through mountains of words and figures so they may see truth clearly. And give them the courage to do the right thing. We pray for those people and those causes we name silently now. Amen 1997-02-19 House Journal Page 0392 The Pledge of Allegiance was led by Representative Ryan. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 37th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent to withdraw Representative Nicholias extended excuse. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 14, 1997, was read stating that, in accordance with AS 39.05.080 and AS 18.85.030, the Governor submits the following name for legislative confirmation of appointment to the position noted. The Speaker referred the following to the House Special Committee on Fisheries and the Resources Committee: Board of Fisheries Larry Engel - Palmer Reappointed: 02/14/97 A resume for the appointment is on file in the Chief Clerk's office. COMMUNICATIONS The following report was received: Dept. of Corrections Board of Parole 1996 Annual Report to the Governor and the Alaska Legislature January 1997 1997-02-19 House Journal Page 0393 REPORTS OF STANDING COMMITTEES HB 9 The Finance Committee has considered: HOUSE BILL NO. 9 An Act relating to the right of crime victims and victims of juvenile offenses to be present at court proceedings; and amending Rule 615, Alaska Rules of Evidence. and recommends it be replaced with: CS FOR HOUSE BILL NO. 9(FIN) An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of 'incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (6): Hanley, Mulder, Martin, Kohring, Davies, Foster No recommendation (5): Therriault, Grussendorf, Moses, Davis, Kelly The following fiscal notes apply to CSHB 9(FIN): Indeterminate fiscal note, Dept. of Administration, 2/19/97 Zero fiscal note, Dept. of Law, 2/19/97 Zero fiscal note, Dept. of Administration, 2/19/97 Zero fiscal note, Dept. of Public Safety, 1/27/97 Zero fiscal note, Alaska Court System, 1/27/97 1997-02-19 House Journal Page 0394 HB 9 Zero fiscal note, Dept. of Health & Social Services, 1/27/97 HB 9 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Hanley was noted. HB 35 The Finance Committee has considered: HOUSE BILL NO. 35 An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Grussendorf, Kelly, Foster No recommendation (4): Therriault, Kohring, Davies, Davis Amend (2): Hanley, Martin The following fiscal note applies: Fiscal note, Dept. of Community & Regional Affairs, 2/5/97 HB 35 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Moses was noted. HB 37 The State Affairs Committee has considered: 1997-02-19 House Journal Page 0395 HB 37 HOUSE BILL NO. 37 An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. and recommends it be replaced with: CS FOR HOUSE BILL NO. 37(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): Vezey, Ivan, Dyson, James Do not pass (2): Berkowitz, Elton The following fiscal notes apply to CSHB 37(STA): Fiscal note, House State Affairs Committee/Alaska Court System, 2/19/97 Fiscal note, House State Affairs Committee/Dept. of Administration, 2/19/97 Zero fiscal note, House State Affairs Committee/Dept. of Administration, 2/19/97 Zero fiscal notes (2), House State Affairs Committee/Dept. of Health & Social Services, 2/19/97 HB 37 was referred to the Judiciary Committee. HB 117 The Labor & Commerce Committee has considered: 1997-02-19 House Journal Page 0396 HB 117 HOUSE BILL NO. 117 An Act relating to boiler and pressure vessel inspection standards; relating to elevator safety and inspection standards; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 117(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Sanders, Kubina, Hudson, Rokeberg The following fiscal note applies to CSHB 117(L&C): Zero fiscal note, Dept. of Labor, 2/19/97 HB 117 was referred to the Rules Committee for placement on the calendar. HB 118 The Labor & Commerce Committee has considered: HOUSE BILL NO. 118 An Act relating to reporting and other requirements of certain employment accidents; and providing for an effective date. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Sanders, Kubina, Hudson, Rokeberg The following fiscal note applies: Zero fiscal note, Dept. of Labor, 2/19/97 HB 118 was referred to the Rules Committee for placement on the calendar. 1997-02-19 House Journal Page 0397 SJR 9 The Resources Committee has considered: SENATE JOINT RESOLUTION NO. 9 am Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (8): Barnes, Green, Masek, Ogan, Hudson, Dyson, Joule, Williams The following fiscal note applies: Senate zero fiscal note, Senate Resources Committee, 2/11/97 SJR 9 am was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HJR 14 The House Special Committee on World Trade and State/Federal Relations has considered: HOUSE JOINT RESOLUTION NO. 14 Relating to supporting the American Land Sovereignty Protection Act. The report was signed by Representative Barnes, Chair, with the following individual recommendations: Do pass (5): Phillips, Cowdery, Kott, Barnes, Austerman No recommendation (1): Kubina The following fiscal note applies: 1997-02-19 House Journal Page 0398 HJR 14 Zero fiscal note, House Special Committee on World Trade and State/Federal Relations, 2/19/97 HJR 14 was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - John Lentine, BP Teacher of Excellence By Representative Brice Honoring - Dick and Shirley Morgan, 1996 Pioneer Award, Kenai Chamber of Commerce By Representative Hodgins Honoring - Alaska Anvil, 1996 Business of the Year Award, North Peninsula Chamber of Commerce By Representatives Hodgins, Phillips, Davis; Senators Torgerson, Ward Honoring - Steve S. Kalwara upon his Retirement By Senator Duncan; Representatives Elton, Hudson Honoring - David L. Bartlett upon his Retirement By Senator Duncan; Representatives Elton, Hudson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 11 HOUSE CONCURRENT RESOLUTION NO. 11 by Representative Phillips: Urging the Attorney General of the State of Alaska to use every appropriate resource and due diligence to defend the state's interests in the civil action filed against the state challenging the 1996 revisions of the Northstar unit leases, and respectfully requesting the Superior Court of the State of Alaska to give expeditious consideration to the matter. 1997-02-19 House Journal Page 0399 HCR 11 was read the first time and referred to the Judiciary Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 149 HOUSE BILL NO. 149 by Representatives Kohring, Masek and Mulder, entitled: An Act relating to the management of salmon fisheries; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Resources and Finance Committees. HB 150 HOUSE BILL NO. 150 by Representative Davis, entitled: An Act giving notice of and approving a lease-purchase agreement with the City of Seward for the construction and operation of an addition to the Spring Creek Correctional Center, and setting conditions and limitations on the facility's construction and operation. was read the first time and referred to the Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 103 The following was read the second time: HOUSE BILL NO. 103 An Act repealing certain state funds and accounts and boards, limitations, and programs related to those funds and accounts; and providing for an effective date. 1997-02-19 House Journal Page 0400 HB 103 with the: Journal Page FIN RPT CS(FIN) 8DP 1NR 308 ZERO FISCAL NOTE (GOV/VARIOUS DEPTS) 309 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 103(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 103(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 103(FIN) was read the third time. The question being: Shall CSHB 103(FIN) pass the House? The roll was taken with the following result: CSHB 103(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Nicholia And so, CSHB 103(FIN) passed the House. Representative Porter 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. 1997-02-19 House Journal Page 0401 HB 103 CSHB 103(FIN) was referred to the Chief Clerk for engrossment. HB 105 The following was read the second time: HOUSE BILL NO. 105 An Act relating to the unorganized borough national forest receipts program; and providing for an effective date. with the: Journal Page FIN RPT 9DP 1NR 309 ZERO FISCAL NOTE (DCRA) 309 Representative Porter moved and asked unanimous consent that HB105 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 105 was read the third time. The question being: Shall HB 105 pass the House? The roll was taken with the following result: HB 105 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Nicholia And so, HB 105 passed the House. Representative Porter 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. 1997-02-19 House Journal Page 0402 HB 105 HB 105 was referred to the Chief Clerk for engrossment. HB 106 The following was read the second time: HOUSE BILL NO. 106 An Act relating to the municipal assistance program and the organization grant program; and providing for an effective date. with the: Journal Page FIN RPT 8DP 1NR 310 ZERO FISCAL NOTE (DCRA) 310 Representative Porter moved and asked unanimous consent that HB106 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 106 was read the third time. The question being: Shall HB 106 pass the House? The roll was taken with the following result: HB 106 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kookesh, Nicholia And so, HB 106 passed the House. Representative Porter 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. 1997-02-19 House Journal Page 0403 HB 106 HB 106 was referred to the Chief Clerk for engrossment. HB 107 The following was read the second time: HOUSE BILL NO. 107 An Act relating to water quality enhancement and water supply, wastewater, and solid waste systems grants; and providing for an effective date. with the: Journal Page FIN RPT 9DP 1NR 310 ZERO FISCAL NOTE (DEC) 310 Representative Porter moved and asked unanimous consent that HB107 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected and withdrew the objection. There being no further objection, it was so ordered. HB 107 was read the third time. The question being: Shall HB 107 pass the House? The roll was taken with the following result: HB 107 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kookesh, Nicholia And so, HB 107 passed the House. 1997-02-19 House Journal Page 0404 HB 107 Representative Porter 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 107 was referred to the Chief Clerk for engrossment. HB 108 The following was read the second time: HOUSE BILL NO. 108 An Act relating to the crime victim compensation program; and providing for an effective date. with the: Journal Page FIN RPT 9DP 1NR 311 2 ZERO FISCAL NOTES (DPS) 311 Representative Porter moved and asked unanimous consent that HB108 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 108 was read the third time. The question being: Shall HB 108 pass the House? The roll was taken with the following result: HB 108 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kookesh, Nicholia And so, HB 108 passed the House. 1997-02-19 House Journal Page 0405 HB 108 Representative Porter 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 108 was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Porter 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 - Echo Bay By Representatives Hudson, Elton, Phillips, Berkowitz, Brice, Bunde, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Ivan, James, Kemplen, Kott, Kubina, Masek, Mulder, Ogan, Porter, Ryan, Vezey, Therriault, Williams; Senator Duncan Honoring - The Volunteers and Participants in the Anchorage City of Lights Program By Representatives Rokeberg, Phillips, Berkowitz, Brice, Croft, Dyson, Elton, Green, Ivan, James, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Ogan, Porter, Ryan, Therriault, Vezey, Williams Honoring - Sandy and Jerry Harper, 1997 Governors Award for Arts Organizations By Representatives Croft, Austerman, Berkowitz, Brice, Bunde, Elton, Grussendorf, Ivan, James, Kemplen, Kott, Kubina, Masek, Mulder, Ryan, Williams UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kott - from 6:25 a.m., plane time, February 28 to 9:37 p.m., plane time, March 2, 1997 (amended from page 113) 1997-02-19 House Journal Page 0406 HB 37 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 37 An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. HB 37 is in the Judiciary Committee. HB 53 The Speaker added a Judiciary Committee referral to follow the State Affairs Committee referral for the following: HOUSE BILL NO. 53 An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; authorizing an agreement by which the Department of Corrections may, for the benefit of the state, enter into one lease of, or similar agreement to use, space within a correctional facility that is operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the lease or use agreement; and giving notice of and approving a lease-purchase agreement or similar use-purchase agreement for the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facility's design, construction, and operation. HB 53 is in the State Affairs Committee. 1997-02-19 House Journal Page 0407 HB 3 Representative Ogan added his name as cosponsor to: HOUSE BILL NO. 3 An Act relating to disclosures of information about certain minors. HB 5 Representative Ogan added his name as cosponsor to: HOUSE BILL NO. 5 An Act relating to prosecution of minors for criminal violations; and amending Rule 3(a), Alaska Rules of Criminal Procedure. HB 7 Representative Ogan added his name as cosponsor to: CS FOR HOUSE BILL NO. 7(JUD) An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for youth courts and for members of the boards of directors, employees, volunteers, and members of youth courts. HB 15 Representative Ogan added his name as cosponsor to: HOUSE BILL NO. 15 An Act relating to the location of the convening of the legislature in regular session; repealing provisions relating to student guests of the legislature; and providing for an effective date. HB 22 Representative Berkowitz added his name as cosponsor to: HOUSE BILL NO. 22 An Act relating to civil liability for illegal sales of alcoholic beverages; and providing for an effective date. 1997-02-19 House Journal Page 0408 HB 65 Representative Ogan added his name as cosponsor to: HOUSE BILL NO. 65 An Act relating to partial-birth abortions. HB 142 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 142 An Act relating to the sale of new or used motor vehicles; relating to the confidentiality of certain information related to attorney general investigations of unlawful trade practices and antitrust activities; establishing additional unlawful trade practices; relating to the mail order catalog exemption from telephonic solicitation regulation; regulating the sale of business opportunities; amending Rules 4 and 73, Alaska Rules of Civil Procedure; and providing for an effective date. ENGROSSMENT HB 103 CSHB 103(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 105 HB 105 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 106 HB 106 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 107 HB 107 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 108 HB 108 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1997-02-19 House Journal Page 0409 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Transportation Committee 1:00 p.m., 2/19 HB 55 ALASKA RR BUDGET AND LAND (held over from 2/17) ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 21, 1997. There being no objection, the House adjourned at 11:05 a.m. Suzi Lowell Chief Clerk