Legislature(1997 - 1998)
1997-04-10 House Journal
Full Journal pdf1997-04-10 House Journal Page 1051 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 10, 1997 Eighty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:21 a.m. Roll call showed 36 members present. Representative Vezey had been previously excused from a call of the House today. Representatives Ivan and Nicholia were excused due to illness. Representative Hanley was absent and his presence was noted later. The invocation was offered by the Chaplain, Pastor Cordell E. Reiner of the Seventh-Day Adventist Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Let us pray, Good morning Heavenly Father, in Lamentations 3:22, You tell us that 'it is by Your mercies that we are not consumed. Those mercies are new every morning.' What a wonderful reason to say Thank You for giving us life anew today. Thank You for the things from this earth that we take for granted such as combs, hair curlers, perfume, razors, shampoo, dresses, suits, and even ties and all sorts of things that make us look good, maybe even excellent, when in reality we may be not as good as we think we are. We are just human beings that make mistakes, but the bottom line is that we care about our fellow Alaskans, and this state, and we want to make it a better place for all of us. So we come to You for wisdom, direction, and mercy. 1997-04-10 House Journal Page 1052 Father, be not only with those on the floor of this House today, but also the Governor and his staff and all those behind the scenes: the researchers, staff, pages, clerks, and all who would have any part in this legislative session. Please grant us this request, and we will praise Your Holy Name. You are my Savior, and in Your Name I lift up this prayer. Amen. The Pledge of Allegiance was led by Representative Therriault. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 87th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated April 9, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 124 SENATE BILL NO. 124 by Senator Torgerson, entitled: An Act relating to salmon classics and race classics. was read the first time and referred to the State Affairs Committee. SB 136 CS FOR SENATE BILL NO. 136(FIN) am by the Senate Finance Committee, entitled: 1997-04-10 House Journal Page 1053 SB 136 An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills. was read the first time and referred to the Finance Committee. SB 143 CS FOR SENATE BILL NO. 143(RLS) by the Senate Rules Committee, entitled: An Act relating to education benefits for members of the Alaska National Guard, Alaska Naval Militia, or Alaska Territorial Guard. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. REPORTS OF STANDING COMMITTEES HJR 30 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 30 Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (7): Bunde, Croft, Rokeberg, Porter, Green, James, Berkowitz The following fiscal note applies: Zero fiscal note, House Judiciary Committee, 4/10/97 HJR 30 was referred to the Rules Committee for placement on the calendar. 1997-04-10 House Journal Page 1054 HB 50 The Finance Committee has considered: HOUSE BILL NO. 50 An Act relating to the use of broadcasting to promote or conduct certain classics or sweepstakes; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 50(FIN) An Act relating to the use of broadcasting to promote certain classics or sweepstakes; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (2): Mulder, Foster Do not pass (5): Hanley, Martin, Kohring, Davies, Kelly No recommendation (3): Therriault, Grussendorf, Davis The following fiscal note applies to CSHB 50(FIN): Zero fiscal note, Dept. of Revenue, 2/21/97 HB 50 was referred to the Rules Committee for placement on the calendar. HB 88 The Transportation Committee has considered: HOUSE BILL NO. 88 An Act relating to ferries and ferry terminals, establishing the Alaska Marine Highway Authority, and relating to maintenance of state marine vessels; and providing for an effective date. and recommends it be replaced with: 1997-04-10 House Journal Page 1055 HB 88 CS FOR HOUSE BILL NO. 88(TRA) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (1): Williams Do not pass (1): Elton No recommendation (3): Sanders, Cowdery, Masek The following fiscal note applies to CSHB 88(TRA): Fiscal note, Dept. of Transportation & Public Facilities, 4/10/97 HB 88 was referred to the Finance Committee. HB 135 The Labor & Commerce Committee has considered: HOUSE BILL NO. 135 An Act relating to dental licensing; extending the termination date of the Board of Dental Examiners; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 135(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Cowdery, Hudson, Rokeberg No recommendation (1): Brice The following fiscal note applies to CSHB 135(L&C): 1997-04-10 House Journal Page 1056 HB 135 Zero fiscal note, Dept. of Commerce & Economic Development, 4/10/97 HB 135 was referred to the Rules Committee for placement on the calendar. SJR 15 The Transportation Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 15(FIN) Relating to reauthorization of the federal Intermodal Surface Transportation Efficiency Act of 1991. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Kookesh, Sanders, Cowdery, Masek, Williams No recommendation (1): Elton The following fiscal note applies: Senate zero fiscal note, Senate Finance Committee, 1/13/97 CSSJR 15(FIN) was referred to the Rules Committee for placement on the calendar. SB 24 The Finance Committee has considered: CS FOR SENATE BILL NO. 24(FIN) 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. 1997-04-10 House Journal Page 1057 SB 24 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (6): Therriault, Hanley, Kohring, Mulder, Kelly, Martin Do not pass (1): Davies Amend (1): Grussendorf The following fiscal notes apply to HCS CSSB 24(FIN): Senate fiscal note, Dept. of Administration, 3/21/97 Senate fiscal note, Alaska Court System, 3/14/97 Senate zero fiscal note, Dept. of Health & Social Services, 3/5/97 Senate zero fiscal note, Dept. of Health & Social Services, 2/3/97 Senate zero fiscal note, Dept. of Administration, 2/3/97 CSSB 24(FIN) is on today's calendar. SB 41 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 41(FIN) An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: 1997-04-10 House Journal Page 1058 SB 41 Do pass (4): Rokeberg, Green, James, Bunde No recommendation (2): Croft, Berkowitz The following fiscal notes apply to HCS CSSB 41(JUD): Senate fiscal note, Dept. of Law, 3/18/97 Senate fiscal note, Alaska Court System, 3/18/97 Senate zero fiscal note, Dept. of Labor, 3/18/97 Senate zero fiscal note, Dept. of Health & Social Services, 3/13/97 CSSB 41(FIN) was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 96 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 96 An Act relating to appointments to the Board of Fisheries or the Board of Game. The report was signed by Representative Austerman, Chair, with the following individual recommendations: No recommendation (3): Ogan, Austerman, Hodgins The following fiscal note applies: Zero fiscal note, Office of the Governor, 4/10/97 HB 96 was referred to the Resources Committee. HB 198 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 198 An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date. 1997-04-10 House Journal Page 1059 HB 198 The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (1): Hodgins No recommendation (2): Ogan, Austerman The following fiscal notes apply: Fiscal note, Dept. of Fish & Game, 4/10/97 Indeterminate fiscal note, Dept. of Revenue, 4/10/97 Zero fiscal note, Dept. of Fish & Game, 4/10/97 HB 198 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Tok Girls Basketball Team By Representative Nicholia; Senator Lincoln Honoring - Kim Amaya, Teacher of Excellence By Representative Croft Honoring - Betsy Lawer By Senator Ward In Memoriam - Roy Larson By Representative Vezey INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 35 HOUSE JOINT RESOLUTION NO. 35 by the House Special Committee on Oil & Gas: 1997-04-10 House Journal Page 1060 HJR 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline. was read the first time and referred to Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 242 HOUSE BILL NO. 242 by the House Special Committee on Oil & Gas, entitled: An Act relating to unpaid, underpaid, and overpaid royalty and net profit share payments due on leases of state land and to the collection and payment of interest on those payments. was read the first time and referred to the Finance Committee. HB 243 HOUSE BILL NO. 243 by the House Special Committee on Fisheries, entitled: An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date. was read the first time and referred to the Resources Committee. HB 244 HOUSE BILL NO. 244 by the House Finance Committee, entitled: An Act relating to cost-of-living adjustments to state employee compensation; and providing for an effective date. was read the first time and referred to the Finance Committee. 1997-04-10 House Journal Page 1061 HB 245 HOUSE BILL NO. 245 by Representatives Berkowitz and Dyson, entitled: An Act relating to minimum sentences for assault in the fourth degree that is a crime involving domestic violence; providing that a prisoner may not contact the victim of the offense when provided access to a telephone or otherwise immediately after an arrest; and amending Rule 5(b), Alaska Rules of Criminal Procedure. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 246 HOUSE BILL NO. 246 by Representatives Ogan and Kohring, entitled: An Act naming the George W. Palmer Memorial Bridge. was read the first time and referred to the Transportation Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 83 The following was read the second time: HOUSE BILL NO. 83 An Act relating to commercial motor vehicle inspections; and providing for an effective date. with the: Journal Page TRA RPT CS(TRA) NT 3DP 2NR 306 ZERO FISCAL NOTE (DPS) 307 STA RPT CS(STA) NT 4DP 1NR 846 2 ZERO FISCAL NOTES (DPS, DOT) 846 ZERO FISCAL NOTE (DPS) 2/12/97 846 1997-04-10 House Journal Page 1062 HB 83 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. 83(STA) An Act relating to regulation of commercial vehicles; and providing for an effective date. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB83(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 83(STA) was read the third time. The question being: Shall CSHB 83(STA) pass the House? The roll was taken with the following result: CSHB 83(STA) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Ivan, Nicholia, Vezey Absent: Hanley, Masek, Ogan And so, CSHB 83(STA) 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. 1997-04-10 House Journal Page 1063 HB 83 CSHB 83(STA) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 24 The Speaker stated that, without objection, the following would be moved down the calendar to follow SJR 22: CS FOR SENATE BILL NO. 24(FIN) 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. SECOND READING OF SENATE RESOLUTIONS SJR 22 The following was read the second time: SENATE JOINT RESOLUTION NO. 22 Inviting the United States Department of Defense to select Alaska as the site to base and train military troops. with the: Journal Page MLV RPT 5DP 1NR 1012 SENATE ZERO FISCAL NOTE (S.STA) 3/19/97 1012 STA REFERRAL WAIVED 1047 Amendment No. 1 was offered by Representative Davies: Page 2, line 10: Delete maximum 1997-04-10 House Journal Page 1064 SJR 22 Page 2, line 11, following selecting: Insert military areas of operation within Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Porter moved and asked unanimous consent that SJR 22 am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR 22 am H was read the third time. **The presence of Representative Hanley was noted. The question being: Shall SJR 22 am H pass the House? The roll was taken with the following result: SJR 22 am H Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Joule Excused: Ivan, Nicholia, Vezey Absent: Moses And so, SJR 22 am H passed the House. Representative Mulder gave notice of reconsideration of his vote on SJR22 am H. 1997-04-10 House Journal Page 1065 ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/10 Minority Caucus upon recess, 4/10 The Speaker stated that, without objection, the House would recess; and so, the House recessed at 10:56 a.m. AFTER RECESS The Speaker called the House back to order at 11:32 a.m. SECOND READING OF SENATE BILLS SB 24 The following, which had been moved down the calendar to follow SJR 22 (page 1063), was read the second time: CS FOR SENATE BILL NO. 24(FIN) 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. with the: Journal Page FIN RPT HCS(FIN) 6DP 1DNP 1AM 1057 SENATE FISCAL NOTE (ADM) 3/21/97 1057 SENATE FISCAL NOTE (COURT) 3/14/97 1057 SENATE ZERO FISCAL NOTE (ADM) 2/3/97 1057 SENATE ZERO FISCAL NOTE (DHSS) 2/3/97 1057 SENATE ZERO FISCAL NOTE (DHSS) 3/5/97 1057 1997-04-10 House Journal Page 1066 SB 24 The Rules Committee submitted the following fiscal note to HCSCSSB 24(FIN): Fiscal note, Dept. of Administration, 4/10/97 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCSCSSB 24(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 24(FIN) was read the third time. Representative Kubina placed a call of the House. The call was satisfied. The question being: Shall HCS CSSB 24(FIN) pass the House? The roll was taken with the following result: HCS CSSB 24(FIN) Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davies, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Croft, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses 1997-04-10 House Journal Page 1067 SB 24 Excused: Ivan, Nicholia, Vezey And so, HCS CSSB 24(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 court rule changes. There being no objection, it was so ordered. Representative Davies gave notice of reconsideration of his vote on HCS CSSB 24(FIN). UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House: Representative Vezey - from 6:00 p.m., plane time, April 27 to 10:00a.m., plane time, April 30, 1997 Representative Dyson - from 1:22 p.m., plane time, April 11 to 9:53a.m., plane time, April 13, 1997 Representative Moses - from 6:25 a.m., plane time, April 11 to 10:00p.m., plane time, April 14, 1997 Representative Kemplen - from 1:22 p.m., plane time, April 18 to 10:00 p.m., plane time, April 20, 1997 Representative Cowdery - from 6:42 p.m., plane time, April 11 to 9:53 p.m., plane time, April 13, 1997 Representative Hanley objected and withdrew the objection. There being no further objection, it was so ordered. HJR 3 Representative Joule added his name as cosponsor to: 1997-04-10 House Journal Page 1068 HJR 3 HOUSE JOINT RESOLUTION NO. 3 Proposing amendments to the Constitution of the State of Alaska relating to subsistence uses of fish and wildlife by residents, and establishing an effective date for the amendment. HB 212 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 212 An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages in the unorganized borough; and providing for an effective date. HB 229 Representatives Dyson and Mulder added their names as cosponsors to: HOUSE BILL NO. 229 An Act relating to the establishment and operation of charter schools. SJR 22 Representatives Masek, Mulder, Kubina, Therriault and Croft added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 22 am H Inviting the United States Department of Defense to select Alaska as the site to base and train military troops. ENGROSSMENT HB 83 CSHB 83(STA) 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. 1997-04-10 House Journal Page 1069 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 11, 1997. There being no objection, the House adjourned at 11:47 a.m. Suzi Lowell Chief Clerk