Legislature(1997 - 1998)

1997-04-25 House Journal

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1997-04-25                     House Journal                      Page 1337
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Friday             April 25, 1997         
                                                                               
                            One Hundred Third Day                            
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:16 a.m.                                                         
                                                                               
                                                                               
Roll call showed 33 members present.  Representative Croft had been            
previously excused from a call of the House today.  Representative             
Barnes was excused due to a family emergency.  Representatives                 
Masek and Ogan were excused due to illness.   Representatives                  
Hanley, Kott and Therriault were absent and their presence was noted           
later.                                                                         
                                                                               
                                                                               
The invocation was offered by the Chaplain, Kevin Trick 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 kind Lord!  O Thou Who art generous and merciful!                      
We are the servants of Thy threshold and are gathered beneath                  
the sheltering shadow of Thy divine unity.  The sun of Thy                     
mercy is shining upon all, and the clouds of Thy bounty                        
shower upon all.  Thy gifts encompass all, Thy loving                          
providence sustains all, Thy protection overshadows all, and                   
the glances of thy favor are cast upon all.  O Lord!  Grant                    
Thine infinite bestowals, and let the light of Thy guidance                    
shine.  Illumine the eyes, gladden the hearts with abiding joy.                
Confer a new spirit upon all people and bestow upon them                       
eternal life.  Unlock the gates of true understanding and let the              
light of faith shine resplendent.  Gather all people beneath the               
shadow of thy bounty and cause them to unite in harmony, so                    

1997-04-25                     House Journal                      Page 1338
that they may become as the rays of one sun, as the waves of                   
one ocean, and as the fruit of one tree.  May they drink from                  
the same fountain.  May they be refreshed by the same breeze.                  
May they receive illumination from the same source of light.                   
Thou art the Giver, the Merciful, the Omnipotent.                              
                                                                               
									Abdul-Baha                                                            
                                                                               
The Pledge of Allegiance was led by Representative Hudson.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 102nd legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
SB 115                                                                       
A message dated April 24, 1997, was read stating the Governor has              
signed the following bill and is transmitting the engrossed and enrolled       
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
SENATE BILL NO. 115                                                           
An Act repealing certain requirements relating to posting and                 
reporting of prices paid for salmon.                                           
                                                                               
Chapter No. 13, SLA 1997                                                      
Effective Date: July 23, 1997                                                 
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HCR 16                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 16                                            
Proposing recommendations concerning the sale of the Four Dam                 
Pool hydroelectric facilities.                                                 

1997-04-25                     House Journal                      Page 1339
HCR 16                                                                       
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(FIN)                                
(same title)                                                                  
                                                                               
The report was signed by Representatives Therriault and Hanley, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (5):  Therriault, Hanley, Foster, Mulder, Martin                       
                                                                               
Do not pass (1):  Kelly                                                        
                                                                               
No recommendation (2):  Moses, Davis                                           
                                                                               
Amend (1):  Grussendorf                                                        
                                                                               
The following fiscal note applies to CSHCR 16(FIN):                            
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 4/25/97                 
                                                                               
HCR 16 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 116                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 116                                                            
An Act relating to workers' compensation self-insurance.                      
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 116(L&C)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (1):  Hudson                                                           
                                                                               

1997-04-25                     House Journal                      Page 1340
HB 116                                                                       
No recommendation (2):  Cowdery, Ryan                                          
                                                                               
Amend (1):  Rokeberg                                                           
                                                                               
The following fiscal notes apply to CSHB 116(L&C):                             
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 4/25/97                 
Fiscal note, Dept. of Labor, 4/25/97                                           
                                                                               
HB 116 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
                                                                               
HB 245                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 245                                                            
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.                                                                     
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  James, Elton, Berkowitz, Dyson, Vezey, Ivan                      
                                                                               
The following fiscal notes apply:                                              
                                                                               
Indeterminate fiscal note, Dept. of Corrections, 4/25/97                       
Indeterminate fiscal note, Dept. of Administration, 4/25/97                    
Zero fiscal note, Dept. of Law, 4/25/97                                        
Zero fiscal note, Dept. of Public Safety, 4/25/97                              
                                                                               
HB 245 was referred to the Judiciary Committee.                                
                                                                               

1997-04-25                     House Journal                      Page 1341
SB 124                                                                       
The State Affairs Committee has considered:                                    
                                                                               
SENATE BILL NO. 124                                                           
An Act relating to salmon classics and race classics.                         
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  James, Hodgins, Dyson, Vezey, Ivan                               
                                                                               
No recommendation (2):  Elton, Berkowitz                                       
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Revenue, 4/4/97                              
                                                                               
SB 124 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citation was introduced and referred to the Rules                
Committee for placement on the calendar:                                       
                                                                               
Commemorating - Police Memorial Day, May 15, 1997                              
By Representative Phillips                                                     
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 20                                                                       
HOUSE CONCURRENT RESOLUTION NO. 20 by Representative                           
Cowdery:                                                                       
                                                                               
Relating to competitive air service for rural Alaska and Southeast            
Alaska.                                                                        
                                                                               

1997-04-25                     House Journal                      Page 1342
HCR 20                                                                       
was read the first time and referred to the House Special Committee            
on World Trade and State/Federal Relations and the Transportation and          
Finance Committees.                                                            
                                                                               
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
                                                                               
HB 262                                                                       
HOUSE BILL NO. 262 by Representative Ryan, entitled:                           
                                                                               
An Act relating to confidentiality of permanent fund dividend                 
application information.                                                       
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
HB 263                                                                       
HOUSE BILL NO. 263 by Representative Williams, entitled:                       
                                                                               
An Act repealing the exemption from the motor fuel tax for fuel               
that is at least 10 percent alcohol by volume, and establishing a              
motor fuel tax exemption for motor fuel that is produced from the              
processing of lignocellulose, that is at least 10 percent alcohol by           
volume, and that is produced during the first five years of a                  
facility's processing of lignocellulose from wood; and providing               
for an effective date.                                                         
                                                                               
was read the first time and referred to the Transportation and Finance         
Committees.                                                                    
                                                                               
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
                                                                               

1997-04-25                     House Journal                      Page 1343
HB 264                                                                       
HOUSE BILL NO. 264 by Representative James, entitled:                          
                                                                               
An Act providing for a negotiated regulation making process; and              
providing for an effective date.                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 158                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 158                                                            
An Act relating to attendance at a public school on a part-time               
basis.                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  3DP 1NR                                                  847         
	ZERO FISCAL NOTE (DOE)                                            847         
	FIN RPT  8DP                                                     1167         
	ZERO FISCAL NOTE (DOE) 3/26/97                                   1167         
                                                                               
Representative Porter moved and asked unanimous consent that                   
HB158 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB 158 was read the third time.                                                
                                                                               
The question being: Shall HB 158 pass the House?  The roll was                 
taken with the following result:                                               
                                                                               
HB 158                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                              

1997-04-25                     House Journal                      Page 1344
HB 158                                                                       
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis,             
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,            
Martin, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan,             
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Excused:  Barnes, Croft, Masek, Ogan                                           
                                                                               
And so, HB 158 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
HB 204                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 204                                                            
An Act revising the procedures and authority of the Alaska                    
Commercial Fisheries Entry Commission, the Board of Fisheries,                 
and the Department of Fish and Game to establish a moratorium                  
on participants or vessels, or both, participating in certain fisheries;       
and providing for an effective date.                                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	FSH RPT  3DP 1AM                                                  825         
	ZERO FISCAL NOTE (F&G)                                            825         
	RES RPT  7DP 1NR                                                 1114         
	ZERO FISCAL NOTE (F&G) 3/25/97                                   1115         
	RES CMTE RPT AMENDED CS(RES)                                     1133         
                                                                               
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. 204(RES)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSHB204(RES) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       

1997-04-25                     House Journal                      Page 1345
HB 204                                                                       
CSHB 204(RES) was read the third time.                                         
                                                                               
The question being: Shall CSHB 204(RES) pass the House?  The                   
roll was taken with the following result:                                      
                                                                               
CSHB 204(RES)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  4   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis,             
Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan,               
James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,                  
Martin, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan,             
Therriault, Vezey, Williams                                                    
                                                                               
Excused:  Barnes, Croft, Masek, Ogan                                           
                                                                               
Absent:  Hanley, Sanders                                                       
                                                                               
And so, CSHB 204(RES) 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 204(RES) was referred to the Chief Clerk for engrossment.                 
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 64                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 64(FIN)                                                
An Act relating to the Shuyak Island State Park.                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  3DP 3NR                                                 1119         
	SENATE FISCAL NOTE (DNR) 2/4/97                                  1119         
	SENATE ZERO FISCAL NOTE (DPS) 2/4/97                             1119         

1997-04-25                     House Journal                      Page 1346
SB 64                                                                        
Representative Porter moved and asked unanimous consent that                   
CSSB64(FIN) be considered engrossed, advanced to third reading and             
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
                                                                               
CSSB 64(FIN) was read the third time.                                          
                                                                               
                                                                               
The question being: Shall CSSB 64(FIN) pass the House?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 64(FIN)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  27   NAYS:  9   EXCUSED:  4   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Austerman, Berkowitz, Bunde, Davies, Davis, Dyson, Elton,               
Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen,              
Kookesh, Kott, Kubina, Martin, Moses, Nicholia, Phillips, Porter,              
Rokeberg, Ryan, Sanders, Williams                                              
                                                                               
                                                                               
Nays:  Brice, Cowdery, Foster, Hanley, Kelly, Kohring, Mulder,                 
Therriault, Vezey                                                              
                                                                               
                                                                               
Excused:  Barnes, Croft, Masek, Ogan                                           
                                                                               
Foster changed from "Yea" to "Nay".                                            
                                                                               
And so, CSSB 64(FIN) passed the House, was signed by the Speaker               
and Chief Clerk and returned to the Senate.                                    
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citation on the calendar.  There being no objection,         
the following citation was approved and sent to enrolling:                     
                                                                               

1997-04-25                     House Journal                      Page 1347
Honoring - Linny Pacillo and Susan Pacillo, Also Known as the                  
Parking Fairies                                                                
By Representatives Dyson, Hodgins, Berkowitz, Vezey, Barnes,                   
Kohring, Ivan, Austerman, Masek, Ryan, Kemplen, James, Cowdery,                
Brice, Croft, Davis, Elton, Grussendorf, Hudson, Joule, Kott, Nicholia,        
Ogan, Rokeberg, Sanders, Therriault, Williams; Senators Halford,               
Donley                                                                         
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Porter moved and asked unanimous consent that the               
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Hodgins - from 1:22 p.m., plane time, April 25 to               
9:30a.m., plane time, April 28, 1997                                           
                                                                               
Representative Williams - from 2:20 p.m., plane time, April 25                 
to10:00 p.m., plane time, April 27, 1997                                       
                                                                               
                                                                               
Representative Kubina - from 6:00 p.m., plane time, April 25 to                
9:53p.m., plane time, April 27, 1997                                           
                                                                               
                                                                               
HB 250                                                                       
The Speaker waived the Resources Committee referral for the                    
following at the request of Representative Hudson, Co-chair:                   
                                                                               
HOUSE BILL NO. 250                                                            
An Act establishing a North Slope Gas Commercialization Team                  
to develop recommendations regarding a North Slope gas project;                
and providing for an effective date.                                           
                                                                               
HB 250 was removed from the Resources Committee and referred to                
the Finance Committee.                                                         
                                                                               
                                                                               
HB 47                                                                        
Representative Brice added his name as cosponsor to:                           
                                                                               

1997-04-25                     House Journal                      Page 1348
HB 47                                                                        
HOUSE BILL NO. 47                                                             
An Act relating to authorizing the Department of Corrections to               
provide an automated victim notification and prisoner information              
system.                                                                        
                                                                               
                                                                               
HB 48                                                                        
Representative Brice added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 48                                                             
An Act making a special appropriation for an automated victim                 
notification system; and providing for an effective date.                      
                                                                               
                                                                               
HB 158                                                                       
Representatives Hodgins, James, Rokeberg, Elton and Kubina added               
their names as cosponsors to:                                                  
                                                                               
HOUSE BILL NO. 158                                                            
An Act relating to attendance at a public school on a part-time               
basis.                                                                         
                                                                               
SB 64                                                                        
Representatives Elton and Kubina added their names as cross sponsors           
to:                                                                            
                                                                               
CS FOR SENATE BILL NO. 64(FIN)                                                
An Act relating to the Shuyak Island State Park.                              
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 66                                                                        
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
CS FOR HOUSE BILL NO. 66(HES)                                                 
An Act giving notice of and approving the entry into, and the                 
issuance of certificates of participation in, a lease-purchase                 
agreement for a centralized public health laboratory facility.                 

1997-04-25                     House Journal                      Page 1349
HB 158                                                                       
HB 158 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
HB 204                                                                       
CSHB 204(RES) 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.            
                                                                               
                                                                               
Majority Caucus                Speaker's Chamber       upon adj., 4/25         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 11:00 a.m., April 28, 1997.  There being no                
objection, the House adjourned at 11:09 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk