Legislature(1997 - 1998)
1997-04-25 House Journal
Full Journal pdf1997-04-25 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