Legislature(1997 - 1998)
1998-01-14 House Journal
Full Journal pdf1998-01-14 House Journal Page 2037 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday January 14, 1998 Third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:04 a.m. Roll call showed 29 members present. Representative Moses had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: In deepest respect for all religious traditions present here today, let us pray: Most generous God, we thank You for the gift of this day, filled with new beginnings and infinite possibilities. May You free us from our stranglehold on the past, but keep us from moving undisciplined into the future. May this day be filled with creative energy, personal sacrifice, a commitment to justice, and unbridled joy. May each of us become a beginning for others, so that we may not just grow old, but grow new. Amen. The Pledge of Allegiance was led by Representative Porter. 1998-01-14 House Journal Page 2038 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the second legislative day and House and Senate Joint Journal Supplement No. 10 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following reports were received: Alaska State Legislature Legislative Budget & Audit Committee 1997 Annual Report (as required by AS 24.20.311) Dept. of Commerce & Economic Development Division of Insurance 59th Annual Report, Fiscal Year 1997 (as required by AS 21.06.110) INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - John Kevin Lamm By Representative Brice INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 46 HOUSE JOINT RESOLUTION NO. 46 by the House Rules Committee by request of the Governor: Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence; and providing for an effective date. 1998-01-14 House Journal Page 2039 HJR 46 was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal note applies: Fiscal note, Office of the Governor, 1/14/98 The Governor's transmittal letter, dated January 14, 1998, appears below: "Dear Speaker Phillips: This joint resolution calling for a vote on a state constitutional amendment is the key element in a plan that offers a solution to Alaska's longstanding subsistence dilemma. Taken in conjunction with a companion bill I also present today on behalf of Alaskans and the subsistence task force, and with amendments to the Alaska National Interest Lands Conservation Act (ANILCA) passed by Congress in 1997, this measure will enable the state to regain and retain complete management of fish and wildlife on all land and water in Alaska. This comprehensive solution to the subsistence question is the result of the outstanding work of a bipartisan task force made up of public and private members I convened last summer. These Alaska leaders joined me in developing an approach which not only enables the state to regain subsistence management of fish and wildlife, but also recognizes the paramount importance of the subsistence lifestyle to Alaskans. The task force members included Lt. Governor Fran Ulmer, Senate President Mike Miller, House Speaker Gail Phillips, former Governor Jay Hammond, former Attorney General Charlie Cole and Byron Mallott, Executive Director of the Permanent Fund Corporation and myself. Working together, we agreed the best approach was to adhere to the original intent of ANILCA, not to expand or diminish its fundamental provisions, and to recommend only those changes in current federal and state law absolutely necessary to affect the original purposes. 1998-01-14 House Journal Page 2040 HJR 46 The attached joint resolution allows the people of the state to vote to amend the Alaska Constitution. Under this constitutional amendment, the Legislature could establish a priority for subsistence uses of fish and game based on a person's place of residence. The task force designed its three-part package--the constitutional amendment, state statutory changes, and amendments to ANILCA--to be interdependent. Neither the statutory changes presented in the companion bill, nor the already-approved amendments to ANILCA, will take effect unless the voters adopt this constitutional amendment. Giving Alaskans an opportunity to make their contribution to solving the dilemma by voting on the amendment is critical. I urge the Legislature to demonstrate its faith in Alaskans by considering and passing this resolution. Sincerely, /s/ Tony Knowles Governor" INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 319 HOUSE BILL NO. 319 by Representative Rokeberg, entitled: "An Act relating to an employee's expectation of privacy in employer premises." was read the first time and referred to the Labor & Commerce Committee. HB 320 HOUSE BILL NO. 320 by the House Rules Committee by request of the Governor, entitled: "An Act establishing a priority for subsistence uses of fish and wildlife that is based on place of residence; relating to the 1998-01-14 House Journal Page 2041 HB 320 management and taking of fish and wildlife for subsistence uses; relating to certain definitions for the fish and game code; delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal notes (6), Dept. of Fish & Game, 1/14/98 Zero fiscal note, Dept. of Public Safety, 1/14/98 The Governor's transmittal letter, dated January 14, 1998, appears below: "Dear Speaker Phillips: On behalf of Alaskans and the subsistence task force, I am transmitting this bill providing for changes to our subsistence statutes. This is a companion bill to the joint resolution I am also sending you today calling for a statewide vote on a constitutional amendment allowing a subsistence priority. Together, these measures will enable the state to regain subsistence management of fish and wildlife in areas of Alaska now managed by the federal government, and to recognize the paramount importance of the subsistence way of life to Alaskans. A main feature of the subsistence provisions of the federal Alaska National Interest Lands Conservation Act (ANILCA) is giving rural residents of Alaska a priority for subsistence uses of fish and wildlife on federal land. If state law mirrors that priority on state land, the state can manage fish and wildlife, for subsistence and all other uses, on all lands and waters within its borders. Without an amendment to the Alaska Constitution that would allow such a priority, however, the Legislature does not have the power to pass a state statute that is consistent with ANILCA requirements. The federal government would 1998-01-14 House Journal Page 2042 HB 320 retain management of subsistence uses on federal lands and take over management on certain waters next winter. The bill would also make other beneficial changes to our subsistence law. For example, it would establish a system of regional councils to ensure that Alaskans can participate in decision-making that affects fish and wildlife subsistence resources near where those Alaskans live. It would also clarify the definitions of several terms in the subsistence statutes, including "customary and traditional." Finally, the bill would enable a state resident to hunt and fish for subsistence resources while holding a proxy given by a family member or other person who qualifies for the subsistence priority under state law. This proposed bill and accompanying constitutional amendment were crafted by a task force I appointed to find a solution to our longstanding subsistence problem. Joining me on the task force were Lt. Governor Fran Ulmer, House Speaker Gail Phillips, Senate President Mike Miller, former Governor Jay Hammond, former Attorney General Charlie Cole, and Byron Mallott, Executive Director of the Permanent Fund Corporation. We agreed the best approach was a package that relied on three pieces working together: the constitutional amendment, state statutory changes, and amendments to ANILCA, which Congress has already passed. Neither the statutory amendments nor the ANILCA amendments will go into effect until the voters approve the constitutional amendment. Time is of the essence in solving this issue if we are to regain management of our resources on federal land. The current state subsistence law sunsets October 1998 and will be replaced by the 1986 law, which was found unconstitutional in McDowell v. State, 785 P.2d 1 (Alaska 1989). This bill postpones the sunset for one more year, allowing time to vote on the constitutional amendment this November. Meanwhile, this bill would allow the Board of Fisheries and Board of Game to immediately begin adopting appropriate regulations so they would be ready when the substantive provisions of the bill take effect. 1998-01-14 House Journal Page 2043 HB 320 Regaining subsistence management requires Alaskans to amend the state constitution and to enact laws that are consistent with ANILCA's provisions. Passage of this bill is a necessary step toward that goal. I urge your prompt consideration. Sincerely, /s/ Tony Knowles Governor" ANNOUNCEMENTS Minority Caucus upon recess, 1/14 The Speaker stated that, without objection, the House would recess until 11:25 a.m.; and so, the House recessed at 10:10 a.m JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Miller who called the joint session to order at 11:34 a.m. The purpose of the joint session was to consider the Governors vetoes. A roll call of the Senate showed 19 members present. Senator Pearce was excused. A roll call of the House showed 39 members present. Representative Moses was excused. SB 141 Senator Taylor moved that: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." become law notwithstanding the Governor's veto. 1998-01-14 House Journal Page 2044 SB 141 The question being: "Shall HCS CSSB 141(FIN) am H become law notwithstanding the Governor's veto?" The roll of the House was taken with the following result: HCS CSSB 141(FIN) am H Override Veto HOUSE YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Davies, Elton, Joule, Kemplen, Kookesh, Kubina, Nicholia Excused: Moses The roll of the Senate was called with the following result: HCS CSSB 141(FIN) am H Override Veto SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Pearce TOTAL: YEAS: 45 NAYS: 13 EXCUSED: 2 ABSENT: 0 And so, the Governor's veto of HCS CSSB 141(FIN) am H was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 2:20 p.m., January 14, 1998. 1998-01-14 House Journal Page 2045 Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Miller adjourned the joint session at 12:21 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 12:22 p.m. CONSIDERATION OF THE DAILY CALENDAR 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: Honoring - Ester Perman and the North Star Community Council By Representatives Croft, Phillips, Berkowitz, Brice, Davies, Elton, Green, Ivan, James, Kemplen, Kott, Kubina, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - Robert Elias Eliassen By Senators Halford, Phillips; Representatives Dyson, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams UNFINISHED BUSINESS HB 319 The Speaker added a Judiciary Committee referral to follow the Labor & Commerce Committee referral for the following: HOUSE BILL NO. 319 "An Act relating to an employee's expectation of privacy in employer premises." HB 319 is in the Labor & Commerce Committee. 1998-01-14 House Journal Page 2046 SPECIAL ORDER OF BUSINESS Representative Brice moved and asked unanimous consent that the citation In Memoriam - John Kevin Lamm be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Brice moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Brice moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - John Kevin Lamm By Representatives Brice, Phillips, 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, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 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 excused as noted: Representative Kott - from 6:50 p.m., plane time, February 13 to 5:50p.m., plane time, February 15, 1998; and, from 6:30 a.m., plane time, March 6 to 5:50 p.m. March 12, 1998 Representative Bunde - from 6:25 a.m., plane time, January 17 to 9:26p.m., plane time, January 19, 1998; and, from 6:00 a.m., plane time, January 31 to 9:36 p.m., plane time, February 4, 1998 Representative Mulder - from noon, plane time, February 20 to 8:00p.m., plane time, February 21, 1998 1998-01-14 House Journal Page 2047 Representative Green - from 3:30 p.m., plane time, January 23 to 9:30a.m., plane time, January 26, 1998 Representative Masek - from 6:30 a.m., plane time, January 17 to 9:30p.m., plane time, January 20, 1998 Representative Hodgins - from 2:10 p.m., plane time, January 23 to 5:44 p.m., plane time, January 27, 1998 Representative Austerman - from 6:25 a.m., plane time, January 15 to 9:26 p.m., plane time, January 15, 1998; and, from 6:25 a.m., plane time, January 30 to 9:26 p.m., plane time, January 30, 1998 Representative Ivan - from 1:40 p.m., plane time, January 21 to 9:26p.m., plane time, January 24, 1998 Representative Sanders - from noon, plane time, January 21 to 9:30a.m., plane time, January 26, 1998; and, from 1:00 p.m., plane time, January 16 to 9:30 a.m., plane time, January 20, 1998 (amended from page 2028) Representative Kemplen - from 1:00 p.m., plane time, January 16 to 10:00 p.m., plane time, January 18, 1998; from 1:00 p.m., plane time, January 23 to 10:00 p.m., plane time, January 25, 1998; and, from 1:00p.m., plane time, January 30 to 10:00 p.m., plane time, February1, 1998. Representative Williams - from 10:30 a.m., plane time, January 16 to 8:30 p.m., plane time, January 18, 1998 Representative Joule - from 6:39 p.m., plane time, January 20 to 9:39a.m., plane time, January 26, 1998; and, from 6:40 p.m., plane time, January 16 to 9:39 a.m., plane time, January 20, 1998 Representative Hanley - from 6:00 a.m., plane time, January 16 to 9:45p.m., plane time, January 18, 1998 1998-01-14 House Journal Page 2048 HJR 44 Representative Dyson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 44 Proposing amendments to the Constitution of the State of Alaska relating to redistricting of the legislature. HB 307 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 307 "An Act relating to custody of and visitation rights concerning children; and relating to an obligor's liability to the state for public money paid to support the obligor's children." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Joint Session State of the Budget 7:45 p.m., 1/15 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 7:30 p.m., January 15, 1998. There being no objection, the House adjourned at 12:30 p.m. Suzi Lowell Chief Clerk