Legislature(1997 - 1998)

1997-03-21 House Journal

Full Journal pdf

1997-03-21                     House Journal                      Page 0779
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Friday             March 21, 1997         
                                                                               
                               Sixty-eighth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:09 a.m.                                                         
                                                                               
                                                                               
Roll call showed 28 members present.  Representatives Austerman,               
Barnes, Kubina, Mulder, Nicholia and Porter had been previously                
excused from a call of the House today.  Representatives Brice,                
Davies, Hanley, Kott, Moses and Rokeberg were absent and their                 
presence was noted later.                                                      
                                                                               
                                                                               
The invocation was offered by the Chaplain, Marie Helm of the                  
Christian Science Fellowship.  Representative Davis moved and asked            
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
In Philippians we read:  'God, shall supply all your need                     
according to his riches in glory by Christ Jesus.  Now unto                    
God and our Father be glory for ever and ever.'                                
                                                                               
We begin this day, Father, with the grateful acknowledgment                   
that You are omnipresent, omnipotent ever present Love,                        
tenderly caring for Your creation and abundantly supplying                     
every need.  We are tempted daily to believe that lack of                      
money, insufficiency of time, impatience or apathy can hinder                  
and limit the good we hope to achieve.  Help us understand                     
that as 'no fountain can yield both salt water and fresh,' even                
so fear, apathy, lack or limitation of any sort do not originate               
in Your goodness and, therefore, have no inherent power to                     
stop the constant flow of Your all-sufficient provision, to                    

1997-03-21                     House Journal                      Page 0780
separate us from Your care, nor impede our progress toward                     
every worthy goal.  Strengthen us to reject every negative                     
influence and hold steadfastly to our highest ideals, knowing                  
that 'all things are possible unto thee.'  In the quiet                        
peacefulness of hearts filled with gratitude for the blessings                 
You have already given, let us listen for divine inspiration and               
ideas to uplift our vision of what we may accomplish.  Let our                 
work here today bear witness to Your omnipotent unlimited                      
goodness.  Amen.                                                               
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Kelly.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Foster, Acting Majority Leader, moved and asked                 
unanimous consent that the journal for the 67th legislative day be             
approved as certified by the Chief Clerk.  There being no objection, it        
was so ordered.                                                                
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Dept. of Revenue                                                               
Treasury Division                                                              
Constitutional Budget Reserve Fund                                             
Annual Report                                                                  
March 15, 1997                                                                 
(as required by AS 37.10.430(b))                                               
                                                                               
                                                                               
**The presence of Representatives Brice and Davies was noted.                  
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 133                                                                       
The Labor & Commerce Committee has considered:                                 

1997-03-21                     House Journal                      Page 0781
HB 133                                                                       
HOUSE BILL NO. 133                                                            
An Act relating to regulation of architects, engineers, and land              
surveyors; extending the termination date of the State Board of                
Registration for Architects, Engineers, and Land Surveyors; and                
providing for an effective date.                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 133(L&C)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (3):  Ryan, Sanders, Cowdery                                           
                                                                               
No recommendation (1):  Rokeberg                                               
                                                                               
The following fiscal note applies to CSHB 133(L&C):                            
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
3/21/97                                                                        
                                                                               
HB 133 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 140                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 140                                                            
An Act relating to the Board of Public Accountancy; extending                 
the termination date of the Board of Public Accountancy; and                   
providing for an effective date.                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 140(L&C)                                                
(same title)                                                                  
                                                                               

1997-03-21                     House Journal                      Page 0782
HB 140                                                                       
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4):  Cowdery, Sanders, Ryan, Rokeberg                                 
                                                                               
The following fiscal note applies to CSHB 140(L&C):                            
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
3/21/97                                                                        
                                                                               
HB 140 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
HB 151                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 151                                                            
An Act relating to personal hunting of big game by big game                   
guides while clients are in the field and to use area registration for         
portions of additional guide use areas by registered guides.                   
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 151(RES)                                                
An Act relating to personal hunting of big game by big game                   
guides while clients are in the field, to use area registration for            
portions of additional guide use areas by registered guides, and to            
eligibility for big game guide licenses or a transporter license.              
                                                                               
The report was signed by Representatives Hudson and Ogan, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6):  Dyson, Williams, Green, Masek, Ogan, Hudson                      
                                                                               
The following fiscal notes apply to CSHB 151(RES):                             
                                                                               

1997-03-21                     House Journal                      Page 0783
HB 151                                                                       
Zero fiscal note, Dept. of Fish & Game, 3/21/97                                
Zero fiscal note, Dept. of Commerce & Economic Development,                    
3/21/97                                                                        
Zero fiscal note, Dept. of Public Safety, 3/21/97                              
                                                                               
HB 151 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SB 75                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
CS FOR SENATE BILL NO. 75(STA)                                                
An Act relating to the regulation of accountants; and providing               
for an effective date.                                                         
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (3):  Ryan, Hudson, Rokeberg                                           
                                                                               
No recommendation (2):  Cowdery, Sanders                                       
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
2/13/97                                                                        
                                                                               
CSSB 75(STA) was referred to the Rules Committee for placement on              
the calendar.                                                                  
                                                                               
                                                                               
SB 77                                                                        
The State Affairs Committee has considered:                                    
                                                                               
SENATE BILL NO. 77                                                            
An Act relating to the Alaska Day of Prayer.                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          

1997-03-21                     House Journal                      Page 0784
SB 77                                                                        
Do pass (5):  James, Elton, Dyson, Vezey, Ivan                                 
                                                                               
No recommendation (1):  Berkowitz                                              
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Senate State Affairs Committee, 2/26/97               
                                                                               
SB 77 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Richard Smith, 1997 BP Teacher of Excellence                        
By Representative Dyson                                                        
                                                                               
Honoring - Archbishop Francis Hurley, 1997 Alaskan of the Year                 
By Representative Croft                                                        
                                                                               
Honoring - Sunrise Bakery                                                      
By Senator Wilken; Representative Hodgins                                      
                                                                               
Honoring - Caren Robinson, Justine Emerson, Linda Torgerson and                
Freda Westman                                                                  
By Senator Duncan; Representative Elton                                        
                                                                               
In Memoriam - Huntington Sanders Gruening                                      
By Senator Duncan; Representatives Elton, Hudson                               
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 206                                                                       
HOUSE BILL NO. 206 by Representatives Porter and Grussendorf,                  
entitled:                                                                      

1997-03-21                     House Journal                      Page 0785
HB 206                                                                       
An Act relating to credit under the Public Employees' Retirement              
System for service as a village public safety officer.                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
HB 207                                                                       
HOUSE BILL NO. 207 by Representative Green, entitled:                          
                                                                               
An Act relating to employer drug and alcohol testing programs.                
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber     upon recess, 3/21         
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess to          
10:45 a.m.; and so, the House recessed at 10:18 a.m.                           
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 10:45 a.m.                       
                                                                               
                                                                               
**The presence of Representatives Moses and Rokeberg was noted.                
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 145                                                                       
The following was read the second time:                                        
                                                                               
                                                                               

1997-03-21                     House Journal                      Page 0786
HB 145                                                                       
HOUSE BILL NO. 145                                                            
An Act relating to certification of teachers.                                 
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) 3DP 2DNP 1NR                                     538         
	FISCAL NOTE (DOE)                                                 538         
	FIN RPT  CS(HES) 6DP 3NR 1AM                                      632         
	FISCAL NOTE (H.FIN)                                               632         
                                                                               
Representative Foster moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 145(HES)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Foster moved and asked unanimous consent that                   
CSHB145(HES) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 145(HES) was read the third time.                                         
                                                                               
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
The question being:  Shall CSHB 145(HES) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 145(HES)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  2   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton,          
Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James,              
Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek,                  
Moses, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams          

1997-03-21                     House Journal                      Page 0787
HB 145                                                                       
Nays:  Dyson, Ogan                                                             
                                                                               
Excused:  Austerman, Barnes, Kubina, Mulder, Nicholia, Porter                  
                                                                               
And so, CSHB 145(HES) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 84                                                                        
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 84 am                                                         
An Act relating to fiscal management of endowment assets of the               
University of Alaska; amending the definition of 'university                   
receipts' to include distribution from university endowments and               
the total return from the University of Alaska's endowment trust               
fund for land obtained under the Act of Congress of January 21,                
1929, as amended, and transferring responsibility for management               
and investment of those assets; making technical amendments to                 
provisions relating to federal grants and appropriations from                  
federal land grant college fund sources that must be paid to the               
state; and affirming that the Board of Regents and officers of the             
University of Alaska may not expend 'university receipts' without              
legislative appropriation.                                                     
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  10DP                                                     634         
	2 SENATE ZERO FNS (UA, REV) 2/19/97                               634         
                                                                               
                                                                               
Representative Foster moved and asked unanimous consent that                   
SB84am be considered engrossed, advanced to third reading and                  
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
SB 84 am was read the third time.                                              
                                                                               
The question being:  Shall SB 84 am pass the House?  The roll was              
taken with the following result:                                               

1997-03-21                     House Journal                      Page 0788
SB 84                                                                        
                                                                               
SB 84 am                                                                       
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis,                 
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin,            
Masek, Moses, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault,             
Vezey, Williams                                                                
                                                                               
Excused:  Austerman, Barnes, Kubina, Mulder, Nicholia, Porter                  
                                                                               
And so, SB 84 am passed the House, was signed by the Speaker and               
Chief Clerk and returned to the Senate.                                        
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Foster 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 - Laborers' Union Local 942, 50th Anniversary                         
By Representatives Brice, Berkowitz, Croft, Davies, Elton, Green,              
Grussendorf, James, Kemplen, Kott, Masek, Rokeberg, Ryan, Sanders,             
Therriault, Vezey, Williams                                                    
                                                                               
Honoring - Phil Slattery                                                       
By Representatives Grussendorf, Berkowitz, Brice, Croft, Davies,               
Elton, Ivan, James, Kemplen, Kott, Masek, Rokeberg, Ryan, Sanders,             
Therriault, Williams                                                           
                                                                               
Honoring - The Ketchikan Pulp Company                                          
By Senator Taylor; Representatives Williams, Berkowitz, Brice, Bunde,          
Croft, Davies, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James,         
Kemplen, Kohring, Kott, Masek, Ogan, Rokeberg, Ryan, Sanders,                  
Therriault, Vezey, Williams                                                    
                                                                               
                                                                               

1997-03-21                     House Journal                      Page 0789
In Memoriam - Clothilde Bahovec                                                
By Representatives Grussendorf, Berkowitz, Brice, Croft, Davies,               
Elton, Foster, James, Kemplen, Kott, Masek, Ogan, Rokeberg, Ryan,              
Sanders, Therriault, Vezey, Williams                                           
                                                                               
In Memoriam - Margaret Jane Calvin                                             
By Representatives Grussendorf, Berkowitz, Brice, Croft, Davies,               
Elton, Foster, James, Kemplen, Kott, Masek, Ogan, Rokeberg, Ryan,              
Sanders, Therriault, Vezey, Williams                                           
                                                                               
In Memoriam - John Bent                                                        
By Senator Sharp; Representatives Kelly, Berkowitz, Brice, Croft,              
Davies, Elton, Foster, James, Kemplen, Kott, Masek, Ogan, Rokeberg,            
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Foster 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 Kookesh - from 8:00 a.m., plane time, March 24 to               
5:00 p.m., plane time, March 24, 1997                                          
                                                                               
                                                                               
HJR 25                                                                       
The State Affairs Committee submitted a corrected committee                    
substitute for their report (page 688).  The following resolution is           
being reprinted today:                                                         
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 25(STA)                                     
Proposing amendments to the Constitution of the State of Alaska               
to guarantee the permanent fund dividend and to provide for                    
inflation-proofing; and relating to the permanent fund.                        
                                                                               
HJR 25 is in the Judiciary Committee.                                          
                                                                               
                                                                               
SB 84                                                                        
Representative Therriault added his name as cross sponsor to:                  
                                                                               

1997-03-21                     House Journal                      Page 0790
SB 84                                                                        
SENATE BILL NO. 84 am                                                         
An Act relating to fiscal management of endowment assets of the               
University of Alaska; amending the definition of 'university                   
receipts' to include distribution from university endowments and               
the total return from the University of Alaska's endowment trust               
fund for land obtained under the Act of Congress of January 21,                
1929, as amended, and transferring responsibility for management               
and investment of those assets; making technical amendments to                 
provisions relating to federal grants and appropriations from                  
federal land grant college fund sources that must be paid to the               
state; and affirming that the Board of Regents and officers of the             
University of Alaska may not expend 'university receipts' without              
legislative appropriation.                                                     
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 145                                                                       
CSHB 145(HES) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Foster moved and asked unanimous consent that the               
House adjourn until 11:00 a.m., March 24, 1997.  There being no                
objection, the House adjourned at 11:28 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk