Legislature(1997 - 1998)
1997-04-21 House Journal
Full Journal pdf1997-04-21 House Journal Page 1199 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 21, 1997 Ninety-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:04 a.m. Roll call showed 36 members present. Representatives Croft, Hanley, Moses and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Earl Redman of the Baha'i Faith. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: O Thou compassionate Lord! Thou Who art generous and able! We are servants of Thine sheltered beneath Thy providence. Cast Thy glance of favor upon us. Give light to our eyes, hearing to our ears and understanding and love to our hearts. Render our souls joyous and happy through Thy glad-tidings. O Lord! Point out to us the pathway to Thy Kingdom and resuscitate all of us through the breaths of the Holy Spirit. Bestow upon us life everlasting and confer upon us never-ending honor. Unify mankind and illumine the world of humanity. May we all follow Thy pathway, long for Thy good pleasure and seek the mysteries of Thy Kingdom. O God! Unite us and connect our hearts with Thy indissoluble bond. Verily, Thou art the Giver, Thou art the Kind One and Thou art the Almighty. 'Abdu'l-Baha 1997-04-21 House Journal Page 1200 The Pledge of Allegiance was led by Representative James. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 96th, 97th and 98th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 56 The following letter, dated April 18, 1997, was received: Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: Senate Bill No. 56 am H An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities. As I stated when I vetoed a similar bill last year, the State of Alaska needs to be responsive to the signage needs of our highway-based visitor industry. This segment of the industry is predominantly locally- owned, it has not benefitted from the same growth as other segments of the industry, and Alaskans living along the highway have convinced me there is a need for better signage. They want the right sign, with the right message, in the right place. This Administration has responded to their needs. At my direction, and after considerable public comment, the Department of Transportation and Public Facilities has adopted regulation changes that allow for a wide variety of effective signs within our highway 1997-04-21 House Journal Page 1201 SB 56 rights-of-way. These regulatory changes for standardized signs will ensure our visitors are provided with clear directions to the attractions and services they seek, and that Alaska businesses get the help they need. Dozens of businesses already have right-of-way signs under trial versions of some of these programs. I believe the bolstered set of programs proposed by the department will meet Alaskas sign needs for many years to come. As a result of these efforts, there simply is no need for SB56. I am vetoing the bill because it endangers the spectacular, unblemished scenery Alaskans and visitors alike so highly value. For the first time in Alaska history, this bill will allow the renting of sign space on private land outside the highway right-of-way, up to 800 feet off the highway. With the precedent set to permit these signs, it would only be a matter of time until advertisers demand bigger and bigger signs. That spells billboards. The bill even adds to the likelihood of billboards popping into Alaskas landscape by removing strict enforcement tools already on the books which have successfully prevented a proliferation of illegal signs. The bill reduces the current misdemeanor penalty for illegal signs to a mere violation punishable by a small fine. In addition, allowing signs on private property means court action will be required to enforce the law. This combination of reduced penalties and obstacles to enforcement simply ties our hands, making it nearly impossible and impractical for the State of Alaska to stop someone from putting up a billboard. This bill suggests scenic areas should be the exception in Alaska; I believe they should be the rule. Since territorial days, Alaskas elected leaders have resisted the urge to clutter the magnificent landscape of the Last Frontier with billboards. Alaska is proud to lead the nation in protecting its scenic beauty. Overwhelmingly, Alaskans support protecting our great state from the litter of billboards. I do not intend to break from this important tradition. Sincerely, /s/ Tony Knowles Governor 1997-04-21 House Journal Page 1202 HR 7 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 7 Establishing a House Special Committee on Telecommunications. House Resolve No. 7 HCR 8 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. Legislative Resolve No. 14 HCR 15 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 15 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. Legislative Resolve No. 13 HJR 24 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 24(RES) Relating to challenging the environmental and economic integrity of Alaska timber as Christmas decor for the United States Capitol. Legislative Resolve No. 12 1997-04-21 House Journal Page 1203 SCR 3 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE CONCURRENT RESOLUTION NO. 3(RES) am H 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. Legislative Resolve No. 9 SJR 8 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 8 Urging the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska. Legislative Resolve No. 10 SJR 12 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 12 am Relating to reconstruction and paving of the Alaska Highway. Legislative Resolve No. 8 1997-04-21 House Journal Page 1204 SJR 13 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 13 Relating to RS 2477 rights-of-way. Legislative Resolve No. 11 SJR 22 A message dated April 18, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 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. Legislative Resolve No. 15 MESSAGES FROM THE SENATE SB 56 A message dated April 18, 1997, was read stating the Senate has accepted the invitation to meet in joint session at 11:15 a.m., April 21, 1997, for the purpose of considering the Governor's veto of the following: SENATE BILL NO. 56 am H An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities. SB 24 A message dated April 18, 1997, was read stating the Senate has concurred in the House amendment to SB 24(FIN), thus adopting: 1997-04-21 House Journal Page 1205 SB 24 HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H 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. **The presence of Representative Moses was noted. HB 58 A message dated April 18, 1997, was read stating the Senate has passed: 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. with the following amendment with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure. CSSSHB 58(FIN) am is under Unfinished Business. 1997-04-21 House Journal Page 1206 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated April 18, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: SCR 9 SENATE CONCURRENT RESOLUTION NO. 9 by Senator Green by request: Declaring June 1 - 7, 1997, to be Alaska Garden Week. was read the first time and referred to the State Affairs Committee. **The presence of Representative Hanley was noted. SJR 3 CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) by the Senate Judiciary Committee: Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States. was read the first time and referred to the Judiciary and Finance Committees. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 18, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 150 CS FOR SENATE BILL NO. 150(RLS) am by the Senate Rules Committee, entitled: 1997-04-21 House Journal Page 1207 SB 150 An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees' retirement system. was read the first time and referred to the Finance Committee. **The presence of Representative Croft was noted. The Speaker ordered the House at ease to allow members of the Senate to enter the House Chamber. JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with Uniform Rule 51, turned the gavel over to President Miller who called the joint session to order at 11:16 a.m. The purpose of the joint session was to consider the Governors veto on the following bill: SB 56: BUSINESS SIGNS/OUTDOOR ADVERTISING A roll call of the Senate showed 19 members present. Senator Ellis was excused from a call of the Senate. A roll call of the House showed 40 members present. SB 56 Senator Taylor moved that: SENATE BILL NO. 56 am H An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities. become law notwithstanding the Governors veto. 1997-04-21 House Journal Page 1208 SB 56 Representative Masek moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Masek was required to vote. The question being: Shall SB 56 am H become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: SB 56 am H Override Veto SENATE YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Miller Nays: Adams, Duncan, Hoffman, Lincoln Excused: Ellis The roll of the House was taken with the following result: SB 56 am H Override Veto HOUSE YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia TOTAL: YEAS: 43 NAYS: 16 EXCUSED: 1 ABSENT: 0 1997-04-21 House Journal Page 1209 SB 56 And so, the Governors veto of SB 56 am H was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 2:50 p.m., April 21, 1997. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Miller adjourned the joint session at 11:54 a.m. ANNOUNCEMENTS Minority Caucus upon recess, 4/21 The Speaker stated that, without objection, the House would recess until 12:05 p.m. There being no objection, the House recessed at 11:55 a.m. AFTER RECESS The Speaker called the House back to order at 12:15 p.m. COMMUNICATIONS The following report was received: Dept. of Natural Resources Division of Forestry 1996 Annual Report on the Forest Resources and Practices Act (as required by AS 41.17.047) REPORTS OF STANDING COMMITTEES The Finance Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: 1997-04-21 House Journal Page 1210 Robert J. Klein as a member of the Alcoholic Beverage Control Board; and, Rick Stovarsky as a member of the State Assessment Review Board. The reports were signed by Representatives Hanley and Therriault, Co- chairs; and, Representatives Mulder, Davis, Kelly, Martin, Grussendorf, Davies and Moses. The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. HB 134 The Labor & Commerce Committee has considered: HOUSE BILL NO. 134 An Act relating to regulation of barbers and hairdressers; extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 134(L&C) (same title) The report was signed by Representative Cowdery, Vice-chair, with the following individual recommendations: Do pass (5): Brice, Ryan, Hudson, Cowdery, Rokeberg The following fiscal note applies to CSHB 134(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/21/97 HB 134 was referred to the Rules Committee for placement on the calendar. 1997-04-21 House Journal Page 1211 HB 189 The Labor & Commerce Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189 An Act relating to sale of tobacco and tobacco products; and providing for an effective date. and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(L&C) An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products; and providing for an effective date. The report was signed by Representative Cowdery, Vice-chair, with the following individual recommendations: Do pass (4): Cowdery, Ryan, Hudson, Rokeberg No recommendation (1): Brice The following fiscal notes apply to CSSSHB 189(L&C): Zero fiscal note, Dept. of Public Safety, 4/21/97 Zero fiscal note, Dept. of Revenue, 4/21/97 SSHB 189 was referred to the Judiciary Committee. HB 199 The Labor & Commerce Committee has considered: HOUSE BILL NO. 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. The report was signed by Representative Cowdery, Vice-chair, with the following individual recommendations: Do pass (3): Ryan, Hudson, Cowdery No recommendation (1): Brice 1997-04-21 House Journal Page 1212 HB 199 The following fiscal notes apply: Zero fiscal note, Alaska Court System, 4/21/97 Zero fiscal note, Dept. of Commerce & Economic Development, 4/21/97 HB 199 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Aviation Heritage Museum By Representative Dyson Honoring - Pauline Duncan, Bilingual Teacher of the Year By Representative Grussendorf Honoring - The Talkeetna Community Spirit By Senators Halford, Green, Phillips, Parnell Honoring - Dorothy Gilmore By Senator Halford INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 256 HOUSE BILL NO. 256 by Representative Davis, entitled: An Act relating to regulation of postsecondary educational institutions; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services Committee. 1997-04-21 House Journal Page 1213 RECONSIDERATION SB 35 Representative Porter brought up reconsideration of the vote on HCS CSSB 35(FIN) am H (page 1177). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) am H An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; requiring legislative approval before certain land managed under AS 41.21 may be closed or have access restricted; relating to Chilkat State Park. The question to be reconsidered: Shall HCS CSSB 35(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 35(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 11 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Hanley, Joule, Kemplen, Kookesh, Kubina, Nicholia Absent: Barnes, Moses, Sanders And so, HCS CSSB 35(FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 1997-04-21 House Journal Page 1214 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 10 The following was read the second time: HOUSE BILL NO. 10 An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) NT 5DP 1NR 662 ZERO FISCAL NOTE (COURT) 663 JUD RPT CS(L&C) NT 6DP 803 ZERO FISCAL NOTE (COURT) 3/14/97 803 FIN REFERRAL WAIVED 977 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. 10(L&C) An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB10(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 10(L&C) was read the third time. The question being: Shall CSHB 10(L&C) pass the House? The roll was taken with the following result: 1997-04-21 House Journal Page 1215 HB 10 CSHB 10(L&C) 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, Kookesh, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kott, Moses And so, CSHB 10(L&C) 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 change. There being no objection, it was so ordered. CSHB 10(L&C) was referred to the Chief Clerk for engrossment. HB 50 The following was read the second time: 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. with the: Journal Page STA RPT CS(STA) 4DP 1DNP 2NR 420 ZERO FISCAL NOTE (REV) 421 FIN RPT CS(FIN) NT 2DP 5DNP 3NR 1054 ZERO FISCAL NOTE (REV) 2/21/97 1054 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1997-04-21 House Journal Page 1216 HB 50 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. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB50(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 50(FIN) was read the third time. The question being: Shall CSHB 50(FIN) pass the House? The roll was taken with the following result: CSHB 50(FIN) Third Reading Final Passage YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Bunde, Cowdery, Davies, Davis, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Barnes, Brice, Croft, Dyson, Elton, Hanley, Kelly, Kohring, Martin, Masek, Ogan, Therriault And so, CSHB 50(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. CSHB 50(FIN) was referred to the Chief Clerk for engrossment. HB 143 The following was read the second time: 1997-04-21 House Journal Page 1217 HB 143 HOUSE BILL NO. 143 An Act relating to the art in public places requirements for state- owned and state-leased buildings and facilities. with the: Journal Page STA RPT 2DP 3DNP 2NR 896 2 ZERO FISCAL NOTES (DOE, DOT) 896 Representative Porter moved and asked unanimous consent that HB143 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The question being: Shall HB 143 be advanced to third reading on the same day? The roll was taken with the following result: HB 143 Second Reading Advance to Third Reading YEAS: 29 NAYS: 10 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Absent: Davies Kelly changed from "Nay" to "Yea". And so, lacking the necessary 30 votes, HB 143 failed to advance and will be in third reading on tomorrow's calendar. 1997-04-21 House Journal Page 1218 SECOND READING OF SENATE BILLS SB 143 The following was read the second time: CS FOR SENATE BILL NO. 143(RLS) An Act relating to education benefits for members of the Alaska National Guard, Alaska Naval Militia, or Alaska Territorial Guard. with the: Journal Page MLV RPT 7DP 1120 SENATE ZERO FISCAL NOTE (DMVA) 4/4/97 1121 Representative Porter moved and asked unanimous consent that CSSB143(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 143(RLS) was read the third time. The question being: Shall CSSB 143(RLS) pass the House? The roll was taken with the following result: CSSB 143(RLS) Third Reading Final Passage YEAS: 38 NAYS: 1 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, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Kemplen Absent: Ogan And so, CSSB 143(RLS) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 1997-04-21 House Journal Page 1219 SECOND READING OF HOUSE RESOLUTIONS HCR 7 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 7 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to notice of committee meetings held during the first week of a first regular session. with the: Journal Page STA RPT 4DP 479 ZERO FISCAL NOTE (LAA) 479 Amendment No. 1 was not offered. The question being: Shall HCR 7 pass the House? The roll was taken with the following result: HCR 7 Second Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, 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, Nicholia, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Nays: Brice Absent: Rokeberg And so, HCR 7 passed the House and was referred to the Chief Clerk for engrossment. 1997-04-21 House Journal Page 1220 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: Congratulating - The Juneau-Douglas High School Drill Team Upon Winning Two National Championships By Representatives Elton, Hudson, Phillips, Austerman, Berkowitz, Brice, Croft, Davies, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams; Senator Duncan Honoring - Alaska Chapter, American Society of Public Administration By Representatives Kemplen, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hanley, James, Joule, Kott, Kubina, Nicholia, Porter, Ryan, Therriault, Williams Honoring - Claire Matthews, Interior Alaska Spelling Bee By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Elton, Green, Grussendorf, James, Joule, Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Ryan, Therriault, Vezey, Williams Honoring - Anchorage Elementary School Parent Teacher Associations By Senator Donley; Representatives Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Hanley, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Honoring - Anchorage Secondary School Parent Teacher Associations By Senator Donley; Representatives Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Hanley, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Honoring - Mountain View Health Clinic By Senator Ellis; Representatives Kemplen, Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Ivan, Joule, James, Kott, Kubina, Nicholia, Porter, Ryan, Williams 1997-04-21 House Journal Page 1221 In Memoriam - Margaret Day Smoker and William A. Smoker By Representatives Elton, Hudson, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Foster, Grussendorf, James, Joule, Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams; Senator Duncan In Memoriam - Bertha Smith By Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Joule, Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams In Memoriam - Colleen Violet Hellan Bucy By Representatives Rokeberg, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Ivan, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Ryan, Therriault, Vezey, Williams In Memoriam - Homer S. Thompson By Senator Torgerson; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams CONCUR IN SENATE AMENDMENTS HB 58 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1205) on the following at this time: 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. and 1997-04-21 House Journal Page 1222 HB 58 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure. There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSSSHB 58(FIN) am thus adopting SCS CSSSHB 58(RLS) am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSSSHB 58(FIN) am? The roll was taken with the following result: SCS CSSSHB 58(RLS) am S Concur YEAS: 28 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Absent: Croft And so, the House concurred in the Senate amendment, thus adopting SCS CSSSHB 58(RLS) am S. 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. 1997-04-21 House Journal Page 1223 HB 58 The Chief Clerk was instructed to so notify the Senate. SCS CSSSHB 58(RLS) am S was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to Messages from the Senate. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 75 A message dated April 21, 1997, was read stating the Senate has failed to recede from its amendments to: CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. namely: SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S(brf fld S) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date. The President appointed the following members to a conference committee to meet with the like committee from the House to consider the bills: Senator Pearce, Chair Senator Sharp Senator Adams The House members of the Conference Committee are Representative Hanley, Chair; and, Representatives Therriault and Grussendorf (page 1187). 1997-04-21 House Journal Page 1224 HB 76 A message dated April 21, 1997, was read stating the Senate has failed to recede from its amendments to: CS FOR HOUSE BILL NO. 76(FIN) An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date. namely: SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S (same title) The President appointed the following members to a conference committee to meet with the like committee from the House to consider the bills: Senator Pearce, Chair Senator Sharp Senator Adams The House members of the Conference Committee are Representative Hanley, Chair; and, Representatives Therriault and Grussendorf (page 1188). UNFINISHED BUSINESS HCR 7 Representative Rokeberg added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 7 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to notice of committee meetings held during the first week of a first regular session. HCR 18 Representative Kelly added his name as cosponsor to: 1997-04-21 House Journal Page 1225 HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 Declaring 1997 to be observed as the 80th Anniversary of the University of Alaska Fairbanks and recognizing the vital role played by the University of Alaska Fairbanks. HCR 19 Representative Berkowitz added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the Alaska Council of Deaf, Hard of Hearing, and Deaf/Blind. HB 10 Representatives Rokeberg and Croft added their names as cosponsors to: CS FOR HOUSE BILL NO. 10(L&C) An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure. HB 50 Representative Nicholia added her name as cosponsor to: 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. HB 189 Representative Austerman added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189 An Act relating to sale of tobacco and tobacco products; and providing for an effective date. HB 207 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 207 An Act relating to employer drug and alcohol testing programs. 1997-04-21 House Journal Page 1226 SB 109 Representative Therriault added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 109(FIN) An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that relate to agricultural land and agricultural homesteads. ENGROSSMENT HCR 7 HCR 7 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 10 CSHB 10(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 50 CSHB 50(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 35 HCS CSSB 35(FIN) am H 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. With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 21, 1997. Submit written notice of a meeting at least 24 hours before the meeting to the Chief Clerk's office. 1997-04-21 House Journal Page 1227 The following meetings today have been changed as indicated: Finance Committee 1:00 p.m., 4/21 meeting CHANGED TO: 1:45 p.m., 4/21 Labor & Commerce Committee 4:30 p.m., 4/21 meeting CHANGED TO: 3:15 p.m., 4/21 Transportation Committee 1:00 p.m., 4/21 meeting CHANGED TO: 1:45 p.m., 4/21 Judiciary Committee 1:00 p.m., 4/21 meeting CHANGED TO: 1:45 p.m., 4/21 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 22, 1997. There being no objection, the House adjourned at 1:34 p.m. Suzi Lowell Chief Clerk