Legislature(1997 - 1998)
1997-03-18 House Journal
Full Journal pdf1997-03-18 House Journal Page 0733 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday March 18, 1997 Sixty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:06 a.m. Roll call showed 23 members present. Representatives Dyson, Green, Hudson, James, Vezey and Williams had been previously excused from a call of the House today. Representatives Barnes, Hanley, Kelly, Kott, Kubina, Masek, Mulder, Nicholia, Rokeberg, Ryan and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Judy Minor, Christian Science Practitioner. Representative Cowdery moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Father, We are gathered here today in this chamber to bring a higher sense of lawmaking into our human experience. To do this successfully we know we must model Your principled-loving methods. What has brought us together to this point in time? Ambition, self-interest, fear -- No. God, good constitutes the sum total of this activity and we will not be party to any temptation attempting to demean this fact. Bring to us, Father, a fresh appreciation of You as Supreme Cause and Creator of all law. Inspire our hearts with a renewed commitment to the Golden Rule and a willingness to see ourselves and our fellow man as Your divine 1997-03-18 House Journal Page 0734 representative. We offer up our motives to Your cleansing light, praying that the wheat will be separated from the chaff through Truth and Loves winnowing process. Help us to lay aside pride, ego, fear and discouragement with the recognition that our authority is in direct proportion to our humility. We acknowledge the First Commandment as the foundation stone for all law and we pledge this day to obey that commandment and have no other gods before You. Amen. The Pledge of Allegiance was led by Representative Moses. MESSAGES FROM THE GOVERNOR HB 41 A message dated March 17, 1997, 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. 41(L&C) An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. Chapter No. 4, SLA 1997 Effective Date: June 15, 1997 **The presence of Representative Therriault was noted. HB 43 A message dated March 17, 1997, 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. 43(FIN) An Act relating to registration of vehicles, to municipal taxation of vehicles, and to emission control inspection fees for vehicles; and providing for an effective date. Chapter No. 5, SLA 1997 Effective Date: See Chapter 1997-03-18 House Journal Page 0735 COMMUNICATIONS The following report was received: Office of the Governor Alaska Human Resource Investment Council Consolidation of Alaska's Human Resource Programs Draft Report March 10, 1997 (as required by AS 44.19.620) REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Louann Cutler as a member of the Violent Crimes Compensation Board. The report did not reflect an intent by any of the members to vote for or against the named individual during any further sessions for the purposes of confirmation. The report was signed by Representative Bunde, Vice-chair; and, Representatives Porter, Berkowitz, Rokeberg and Croft. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Recognizing the Resolving Conflict Creatively Program, Nunaka Valley Elementary School By Representative Ryan Honoring - Gary Gaard for 27 Years in Education By Representative Ryan 1997-03-18 House Journal Page 0736 Honoring - Richard L. Anderson for 18 Years in Education By Representative Ryan Honoring - Arther J. Lamparella for 22 Years in Education By Representative Ryan In Memoriam - Earl Seymour Mattin By Representative Grussendorf INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 15 HOUSE CONCURRENT RESOLUTION NO. 15 by the House Rules Committee: Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee for placement on the calendar. HJR 31 HOUSE JOINT RESOLUTION NO. 31 by Representative Kott: Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. was read the first time and referred to the Labor & Commerce Committee. **The presence of Representative Kubina was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 199 HOUSE BILL NO. 199 by Representatives Ryan and Therriault, entitled: 1997-03-18 House Journal Page 0737 HB 199 An Act relating to the property, transactions, and obligations of spouses; relating to the augmented estate; amending Rule 301, Alaska Rules of Evidence; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Judiciary Committees. **The presence of Representative Rokeberg was noted. HB 200 HOUSE BILL NO. 200 by Representative James, entitled: An Act relating to subpoenas of the Administrative Regulation Review Committee; and providing for an effective date. was read the first time and referred to the State Affairs Committee. HB 201 HOUSE BILL NO. 201 by Representative Hanley, entitled: An Act transferring responsibility for the day care assistance program and the child care grant program from the Department of Community and Regional Affairs to the Department of Health and Social Services; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 202 HOUSE BILL NO. 202 by Representative Hanley, entitled: An Act relating to the medical assistance program; and providing for an effective date. was read the first time and referred to the Finance Committee. 1997-03-18 House Journal Page 0738 HB 203 HOUSE BILL NO. 203 by Representatives Dyson and Croft, entitled: An Act relating to actions for unlawful trade practices. was read the first time and referred to the Labor & Commerce and Judiciary Committees. **The presence of Representatives Ryan, Kott, Kelly, Nicholia, Hanley and Mulder was noted. CONSIDERATION OF THE DAILY CALENDAR HOUSE BILLS IN SECOND READING HB 58 The following, which had been held in second reading to today's calendar (page 729), was before the House with Amendment No. 43 moved and pending: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) am An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure. The question being: Shall Amendment No. 43 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 43 YEAS: 12 NAYS: 20 EXCUSED: 6 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-03-18 House Journal Page 0739 HB 58 Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Masek And so, Amendment No. 43 was not adopted. Amendment No. 44 was offered by Representative Elton: Page 3, line 25, following (A): Delete prolonged Representative Elton moved and asked unanimous consent that Amendment No. 44 be adopted. Representative Porter objected. The question being: Shall Amendment No. 44 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 44 YEAS: 12 NAYS: 19 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Kelly, Masek And so, Amendment No. 44 was not adopted. 1997-03-18 House Journal Page 0740 HB 58 Amendment Nos. 45-51 were not offered. Amendment No. 52 was offered by Representative Berkowitz: Page 6, line 4, following gain;: Delete and Insert or Representative Berkowitz moved and asked unanimous consent that Amendment No. 52 be adopted. Representative Porter objected. The question being: Shall Amendment No. 52 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 52 YEAS: 12 NAYS: 20 EXCUSED: 6 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Masek And so, Amendment No. 52 was not adopted. Amendment Nos. 53-55 were not offered. Amendment No. 56 was offered by Representative Croft: 1997-03-18 House Journal Page 0741 HB 58 Page 17, line 2, following least: Delete $500,000 Insert $1,000,000 Representative Croft moved and asked unanimous consent that Amendment No. 56 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 56 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 56 YEAS: 12 NAYS: 20 EXCUSED: 6 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Masek And so, Amendment No. 56 was not adopted. Amendment Nos. 57-61 were not offered. Amendment No. 62 was offered by Representative Berkowitz: Page 5, line 24 following rights: Insert or reckless indifference to the interests of others Representative Berkowitz moved and asked unanimous consent that Amendment No. 62 be adopted. 1997-03-18 House Journal Page 0742 HB 58 Representative Porter objected. The question being: Shall Amendment No. 62 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 62 YEAS: 11 NAYS: 19 EXCUSED: 6 ABSENT: 4 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Moses, Nicholia, Ogan Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Kookesh, Kubina, Masek And so, Amendment No. 62 was not adopted. Amendment Nos. 63-67 were not offered. Amendment No. 68 was offered by Representative Croft: Page 3, line 7, following AS 09.10.040": Insert , the provisions of this section are waived by contract, Representative Croft moved and asked unanimous consent that Amendment No. 68 be adopted. Representative Porter objected. Amendment to Amendment No. 68 was offered by Representative Porter: 1997-03-18 House Journal Page 0743 HB 58 Following section: Delete are Insert may be Representative Porter moved and asked unanimous consent that Amendment to Amendment No. 68 be adopted. There being no objection, it was so ordered. There being no further objection to Amendment No. 68 as amended, it was adopted. Amendment Nos. 69 and 70 were not offered. Amendment No. 71 was offered by Representative Croft: Page 1, line 14, following positive: Insert big Representative Croft moved and asked unanimous consent that Amendment No. 71 be adopted. Representative Porter objected. The question being: Shall Amendment No. 71 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 71 YEAS: 11 NAYS: 20 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams 1997-03-18 House Journal Page 0744 HB 58 Absent: Barnes, Kookesh, Masek And so, Amendment No. 71 was not adopted. Amendment No. 72 was not offered. Amendment No. 73 was offered by Representative Davies: Page 5, line 7, following (c): Insert or (e) Page 5, line 10: Delete In Insert Except as provided under (e) of this section, in Page 5, following line 19: Insert a new subsection to read: (e) On January 1 of each year, the amounts specified under (b) and (c) of this section shall be changed to reflect inflation, if any. The Department of Labor shall adopt a regulation on or before December 31 of each year announcing the change in dollar amounts required by this subsection. In this subsection, inflation means the change in the Consumer Price Index for Anchorage, All Items Index, compiled by the Bureau of Labor Statistics, United States Department of Labor. Representative Davies moved and asked unanimous consent that Amendment No. 73 be adopted. Objection was heard. The question being: Shall Amendment No. 73 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 73 YEAS: 11 NAYS: 20 EXCUSED: 6 ABSENT: 3 1997-03-18 House Journal Page 0745 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Kookesh, Masek And so, Amendment No. 73 was not adopted. Amendment Nos. 74 and 75 were not offered. Amendment No. 76 was offered by Representative Elton: Page 25, following line 19: Insert a new bill section to read: * Sec. 65. This Act sunsets if, on July 1, 2007, the director of the Division of Insurance certifies to the lieutenant governor and the revisor of statutes that the liability insurance rates filed with the Division of Insurance have not been held to a level at least 10 percent less than the average national increase since January 1, 1997. In this section, liability insurance means insurance described under AS 21.12.070(a)(2). Renumber the following section accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 76 be adopted. Objection was heard. The question being: Shall Amendment No. 76 be adopted? The roll was taken with the following result: 1997-03-18 House Journal Page 0746 HB 58 CSSSHB 58(FIN) am Second Reading Amendment No. 76 YEAS: 12 NAYS: 19 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Sanders Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Kookesh, Masek And so, Amendment No. 76 was not adopted. Amendment Nos. 77-79 were not offered. Amendment No. 80 was offered by Representative Davies: Page 11, line 2 through Page 12, line 2: Delete all material. Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 80 be adopted. Representative Porter objected. The question being: Shall Amendment No. 80 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 80 YEAS: 10 NAYS: 20 EXCUSED: 6 ABSENT: 4 1997-03-18 House Journal Page 0747 HB 58 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Brice, Kookesh, Masek And so, Amendment No. 80 was not adopted. Amendment Nos. 81-83 were not offered. Representative Porter moved and asked unanimous consent that CSSSHB 58(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSHB 58(FIN) am was read the third time. **The presence of Representatives Barnes and Masek was noted. Representative Croft declared a conflict of interest. The question being: Shall CSSSHB 58(FIN) am pass the House? The roll was taken with the following result: CSSSHB 58(FIN) am Third Reading Final Passage YEAS: 22 NAYS: 12 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault 1997-03-18 House Journal Page 0748 HB 58 Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Excused: Dyson, Green, Hudson, James, Vezey, Williams And so, CSSSHB 58(FIN) am passed the House. Representative Porter gave notice of reconsideration of his vote on CSSSHB 58(FIN) am. 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 - Steven Jimerfield, Trooper of the Year By Senator Taylor; Representatives Grussendorf, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Hanley, Ivan, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault Honoring - Karen Ann Maudal By Senator Ward; Representatives Berkowitz, Brice, Davies, Ivan, Kelly, Kott, Ogan, Porter, Rokeberg, Ryan, Sanders UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Bunde - from 6:42 p.m., plane time, April 4 to 9:53p.m., plane time, April 6, 1997 Representative Brice - from 6:00 a.m., plane time, March 27 to 9:33a.m., plane time, April 1, 1997; from 6:00 a.m., plane time, April4 to 9:53 p.m., plane time, April 6, 1997; and, from 6:00 a.m., plane time, April 22 to 9:53 p.m., plane time, April 22, 1997 1997-03-18 House Journal Page 0749 Representative Dyson - from 6:28 a.m., plane time, March 28 to 9:33a.m., plane time, April 1, 1997 Representative Barnes - from noon, plane time, March 19 to 9:53 p.m., plane time, March 23, 1997 HB 37 Representative Cowdery added his name as cosponsor to: 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 65 Representative Cowdery added his name as cosponsor to: HOUSE BILL NO. 65 An Act relating to partial-birth abortions. HB 90 Representative Cowdery added his name as cosponsor to: HOUSE BILL NO. 90 An Act establishing a woman's right to know certain medical facts related to the woman's safety before an abortion is performed. ENROLLMENT HB 101 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:15 p.m., March 18, 1997: 1997-03-18 House Journal Page 0750 HB 101 SENATE CS FOR CS FOR HOUSE BILL NO. 101(JUD) An Act relating to certain irrevocable transfers in trust, to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests; and providing for an effective date. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Finance Committee 1:30 p.m., 3/18 meeting RESCHEDULED TO: 2:00 p.m., 3/18 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 19, 1997. There being no objection, the House adjourned at 1:35 p.m. Suzi Lowell Chief Clerk