Legislature(1997 - 1998)

1998-02-02 House Journal

Full Journal pdf

1998-02-02                     House Journal                      Page 2197
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                       Monday           February 2, 1998         
                                                                               
                              Twenty-second Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:11 a.m.                                                         
                                                                               
                                                                               
Roll call showed 35 members present.  Representatives Bunde, Davies,           
James and Moses had been previously excused from a call of the                 
House today.                                                                   
                                                                               
Representative Porter moved and asked unanimous consent the                    
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Kubina - from today to 9:26 p.m., plane time,                   
February3, 1998.                                                               
                                                                               
                                                                               
The invocation was offered by the Chaplain, Associate Pastor Mike              
Powers of the Church of the Nazarene.  Representative Green moved              
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
                                                                               
"Lord God, as we have pledged our loyalty to our country                      
many times we also pledge our loyalty to You.  For our nation                  
and our state are under Your authority and care.  Guide us, we                 
pray, in Your ways so we can maintain the integrity, the                       
freedom, and the justice we all strive for and which You alone                 
can grant.  Thank You for Your watchcare and presence in                       
this assembly.  Amen."                                                         
                                                                               

1998-02-02                     House Journal                      Page 2198
The Pledge of Allegiance was led by Representative Grussendorf.                
                                                                               
                                     * * *                                     
                                                                               
The Speaker requested all members to remain standing for a moment              
of silence in memory of Raymond C. Christiansen, former Legislator             
from Bethel.                                                                   
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 19th, 20th and 21st legislative days be approved as            
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                     * * *                                     
                                                                               
Following a welcome by Speaker Phillips, Mr. Edward Feng, Acting               
Director General of the T'aipei Economic Cultural Office in Seattle,           
Washington, addressed the body.                                                
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 30, 1998, was read stating the Senate has              
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 209                                                                       
SENATE BILL NO. 209 by Senator Ward, entitled:                                 
                                                                               
"An Act relating to the Task Force on Privatization; and providing            
for an effective date."                                                        
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               

1998-02-02                     House Journal                      Page 2199
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 49                                                                       
The Resources Committee has considered:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                 
NO. 49                                                                         
Relating to opposition to a moratorium on the building of roads in            
the roadless areas of national forests.                                        
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT                                     
RESOLUTION NO. 49(RES)                                                         
(same title)                                                                  
                                                                               
The report was signed by Representative Hudson, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (4):  Dyson, Williams, Green, Hudson                                   
                                                                               
No recommendation (1):  Joule                                                  
                                                                               
The following fiscal note applies to CSSSHJR 49(RES):                          
                                                                               
Zero fiscal note, Legislative Affairs Agency, 2/2/98                           
                                                                               
SSHJR 49 is on today's calendar.                                               
                                                                               
SB 63                                                                        
The Finance Committee has considered:                                          
                                                                               
SENATE BILL NO. 63                                                            
"An Act providing for automatic waiver of juvenile jurisdiction               
and prosecution of minors as adults for certain violations of laws             
by minors who use deadly weapons to commit offenses that are                   
crimes against a person, and relating to the sealing of the records            
of those minors."                                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               

1998-02-02                     House Journal                      Page 2200
SB 63                                                                        
HOUSE CS FOR SENATE BILL NO. 63(FIN)                                          
(same title)                                                                  
                                                                               
The report was signed by Representatives Therriault and Hanley, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6):  Therriault, Hanley, Kelly, Mulder, Martin, Kohring               
                                                                               
No recommendation (2):  Davies, Grussendorf                                    
                                                                               
The following fiscal notes apply to HCSSB 63(FIN):                             
                                                                               
Fiscal note, Dept. of Corrections, 2/2/98                                      
Indeterminate fiscal note, Alaska Court System, 2/2/98                         
Indeterminate fiscal notes (2), Dept. of Administration, 2/2/98                
Zero fiscal note, Dept. of Public Safety, 2/2/98                               
Zero fiscal note, Dept. of Health & Social Services, 2/2/98                    
                                                                               
SB 63 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 374                                                                       
HOUSE BILL NO. 374 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to the disposition of surplus caribou and moose."            
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
HB 375                                                                       
HOUSE BILL NO. 375 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to children in need of aid matters and                       
proceedings; relating to murder of children, criminally negligent              
homicide, kidnapping, criminal nonsupport, the crime of indecent               
exposure,  and  the  crime  of endangering the welfare of a child;             

1998-02-02                     House Journal                      Page 2201
HB 375                                                                       
relating to registration of certain sex offenders; relating to                
sentencing for certain crimes involving child victims; relating to             
the state medical examiner and reviews of child fatalities; relating           
to teacher certification and convictions of crimes involving child             
victims; relating to access, confidentiality, and release of certain           
information concerning the care of children, child abuse and                   
neglect, and child fatalities; authorizing the Department of Health            
and Social Services to enter into an interstate compact concerning             
adoption and medical assistance for certain children with special              
needs; authorizing the establishment of a multidisciplinary child              
protection team to review reports of child abuse or neglect;                   
relating to immunity from liability for certain state actions                  
concerning matters involving child protection and fatality reviews             
and children in need of aid; relating to persons required to report            
suspected child abuse or neglect; relating to foster care placement            
and to payment for children in foster and other care and the waiver            
of certain foster care requirements; relating to the access to certain         
criminal justice information and licensure of certain child care               
facilities; amending Rule 218, Alaska Rules of Appellate                       
Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in                
Need of Aid Rules; and providing for an effective date."                       
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal note applies:                                             
                                                                               
Indeterminate fiscal note, Office of the Governor/Various Depts.,              
2/2/98                                                                         
                                                                               
The Governor's transmittal letter dated January 30, 1998, appears              
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
More than 15,500 reports of child abuse or neglect were filed last year        
in Alaska.  National statistics have shown Alaska has the highest rate         
of child abuse and neglect among all 50 states with 38 substantiated           
cases  for  every  1,000  children  in  the  state's  population.  These       
                                                                               

1998-02-02                     House Journal                      Page 2202
HB 375                                                                       
disturbing numbers have steadily increased since the 1980's along with         
increases in substance abuse and domestic violence.  One abuse feeds           
another.  The cycle must stop.  We are shirking our greatest                   
responsibility if we don't face this tragedy head on and demand the            
tools, laws and resources to put an end to it.                                 
                                                                               
This child protection bill I am transmitting to you today is my                
Administration's effort to improve Alaska's laws to protect our children       
and prevent the crime that inevitably results when abused kids become          
angry teens and adults.  This bill is part of my Smart Start for Alaska's      
Children initiative  a comprehensive approach to breaking the cycle            
of abuse and neglect, stopping family violence, preventing crime, and          
working together for a bright future for all of Alaska's children.             
                                                                               
                                                                               
The bill makes many changes in Alaska law to protect children and              
prevent crime.  The most significant include:                                  
                                                                               
	- Updating the child in need of aid laws to put children first and            
make sure every effort is made to reunify the family when appropriate,         
and to expedite making the child legally eligible for permanent                
placement when reunification is clearly not in the child's best interest.      
                                                                               
	- Increasing penalties for people who kill or harm children by                
abuse or neglect.                                                              
                                                                               
	- Establishing a child fatality review team and facilitating the              
sharing of information to improve our legal tools to investigate child         
fatalities and more comprehensively address situations that put Alaska         
children at risk.                                                              
                                                                               
                                                                               
	- Requiring incarcerated sex offenders to register as sex offenders           
prior to release from prison.                                                  
                                                                               
                                                                               
	- Improving criminal laws regarding criminal nonsupport of                    
children by heightening penalties to be sure parents who are able, but         
choose not to support their children are appropriately punished.               
                                                                               

1998-02-02                     House Journal                      Page 2203
HB 375                                                                       
	- Authorizing the Department of Health and Social Services to                 
enter into the Interstate Compact on Adoption and Medical Assistance           
to facilitate adoption of hard-to-place children when they move from           
state to state.                                                                
                                                                               
I have proposed attacking Alaska's escalating problem with child abuse         
on three major fronts: health care, prevention programs, and                   
intervention when children are in peril.  Earlier this session, I              
introduced a bill to expand Medicaid eligibility for children, giving our      
kids a chance for a healthy start in life.  That legislation, along with       
several initiatives in my proposed budget, boosts programs such as             
Healthy Families and Head Start to prevent child abuse through                 
education and counseling.  This bill completes my Smart Start package          
by providing the necessary intervention tools to stop abusive situations.      
It represents my Administration's effort to say we will not allow this         
harmful situation to continue.  I urge you to give this bill and my            
entire Smart Start package thorough and swift attention.                       
                                                                               
							Sincerely,                                                              
	/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 376                                                                       
HOUSE BILL NO. 376 by Representative Croft, entitled:                          
                                                                               
"An Act limiting the use of voter registration information."                  
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 49                                                                       
The following was read the second time:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                 
NO. 49                                                                         

1998-02-02                     House Journal                      Page 2204
HJR 49                                                                       
Relating to opposition to a moratorium on the building of roads in            
the roadless areas of national forests.                                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  CS(RES) 4DP 1NR                                         2199         
	ZERO FISCAL NOTE (LAA)                                           2199         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT                                     
RESOLUTION NO. 49(RES)                                                         
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSSSHJR 49(RES) be considered engrossed, advanced to third reading             
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSSSHJR 49(RES) was read the third time.                                       
                                                                               
The question being:  "Shall CSSSHJR 49(RES) pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSSSHJR 49(RES)                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  5   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davis,             
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek,            
Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,             
Therriault, Vezey, Williams                                                    
                                                                               

1998-02-02                     House Journal                      Page 2205
HJR 49                                                                       
Excused:  Bunde, Davies, James, Kubina, Moses                                  
                                                                               
And so, CSSSHJR 49(RES) passed the House and was referred to the               
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 234                                                                       
Representative Williams brought up reconsideration of the vote on              
CSHB 234(FIN)(fld H) (page 2185).                                              
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 234(FIN)                                                
"An Act relating to assistance for abortions under the general relief         
program."                                                                      
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
CSHB 234(FIN) be returned to second reading for the specific purpose           
of considering Amendment No. 2.  There being no objection, it was so           
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representative Rokeberg:                        
                                                                               
Page 2, line 31, following "performed":                                        
Insert:  ", and in cases in which the pregnancy has resulted from             
rape or incest, provided the incident in which the rape or incest              
took place was reported to local law enforcement authorities                   
within 72 hours of its occurrence"                                             
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Brice objected.                                                 
                                                                               
Amendment to Amendment No. 2 was offered  by Representative Brice:              
                                                                               
Following "incest"                                                             
Delete all material                                                           
                                                                              

1998-02-02                     House Journal                      Page 2206
HB 234                                                                       
Representative Brice moved and asked unanimous consent that                    
Amendment to Amendment No. 2 be adopted.                                       
                                                                               
Objection was heard.                                                           
                                                                               
Representative Brice moved and asked unanimous consent to withdraw             
Amendment to Amendment No. 2.  There being no objection, it was                
so ordered.                                                                    
                                                                               
Representative Rokeberg moved and asked unanimous consent to                   
withdraw Amendment No. 2.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
CSHB 234(FIN) be returned to second reading for the specific purpose           
of considering Amendment No. 3.  There being no objection, it was so           
ordered.                                                                       
                                                                               
Amendment No. 3 was offered  by Representative Rokeberg:                        
                                                                               
Page 2, line 27, following "47.25.300":                                        
Insert:  "(1)"                                                                
                                                                               
Page 2, line 31, following "performed":                                        
Insert:  "j or                                                                
			(2) is pregnant as a result of a reported act of rape or                   
incest"                                                                        
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Martin objected.                                                
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 234(FIN)--RECONSIDERATION                                                 
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  22   NAYS:  13   EXCUSED:  5   ABSENT:  0                             

1998-02-02                     House Journal                      Page 2207
HB 234                                                                       
Yeas:  Austerman, Berkowitz, Brice, Croft, Davis, Elton, Foster,               
Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kemplen,                    
Kookesh, Masek, Nicholia, Phillips, Porter, Rokeberg, Therriault,              
Williams                                                                       
                                                                               
Nays:  Barnes, Cowdery, Dyson, Green, Kelly, Kohring, Kott, Martin,            
Mulder, Ogan, Ryan, Sanders, Vezey                                             
                                                                               
Excused:  Bunde, Davies, James, Kubina, Moses                                  
                                                                               
Ryan changed from "Yea" to "Nay".                                              
                                                                               
And so, Amendment No. 3 was adopted.                                           
                                                                               
                                                                               
Representative Martin placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
The question to be reconsidered:  "Shall CSHB 234(FIN) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 234(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  24   NAYS:  11   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green,                
Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Masek,            
Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey             
                                                                               
Nays:  Berkowitz, Brice, Croft, Elton, Grussendorf, Joule, Kemplen,            
Kookesh, Nicholia, Porter, Williams                                            
                                                                               
Excused:  Bunde, Davies, James, Kubina, Moses                                  
                                                                               
And so, CSHB 234(FIN) am passed the House on reconsideration and               
was referred to the Chief Clerk for engrossment.                               
                                                                               
                                                                               

1998-02-02                     House Journal                      Page 2208
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                  (Continued)                                  
                                                                               
                            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 - Sourdough Express, Inc., 100 Years in the Far North                 
By Representatives Phillips, Kelly, Brice, Croft, Davies, Davis, Dyson,        
Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James,               
Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter,                  
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
Honoring - Don Moore                                                           
By Representatives Kohring, Ogan, Phillips, Cowdery, Croft, Davis,             
Dyson, James, Joule, Kelly, Kemplen, Kott, Mulder, Nicholia,                   
Rokeberg, Ryan, Sanders, Therriault, Williams                                  
                                                                               
Honoring - Vladimir "Paul" Gavora                                              
By Senators Wilken, Sharp, Miller; Representatives James, Therriault,          
Brice, Kelly, Vezey, Phillips, Croft, Davies, Davis, Elton, Hanley,            
Hudson, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan,                  
Porter, Rokeberg, Ryan, Sanders, Williams                                      
                                                                               
Honoring - Hillary Schaefer                                                    
By Senator Wilken; Representatives Phillips, Brice, Croft, Davies,             
Davis, Elton, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder,              
Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Williams                  
                                                                               
In Memoriam - Lorena Showers                                                   
By Representatives Croft, Brice, Phillips, Davies, Davis, Elton, Foster,       
Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder,               
Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       
                                                                               
In Memoriam - Edward H. Prince                                                 
By Senator Sharp; Representatives Phillips, Brice, Croft, Davies,              
Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen,         
Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                  
Sanders, Therriault, Vezey, Williams                                           

1998-02-02                     House Journal                      Page 2209
                             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 Kohring - from 6:25 a.m., plane time, February 13 to            
9:26 p.m., plane time, February 15, 1998                                       
                                                                               
Representative Ryan - from 6:39 p.m., plane time, February 13 to               
9:39a.m., plane time, February 16, 1998                                        
                                                                               
Representative Williams - from 6:00 a.m., plane time, February 3 to            
9:32 p.m., plane time, February 8, 1998                                        
                                                                               
Representative Hanley - from 6:45 p.m., plane time, February 12 to             
9:30 a.m., plane time, February 16, 1998                                       
                                                                               
Representative Barnes from 6:30 a.m., plane time, February 3 to                
8:00p.m., plane time, February 8, 1998 (amended from page 2074)                
                                                                               
                                                                               
HJR 49                                                                       
Representatives Green, Brice and Rokeberg added their names as                 
cosponsors to:                                                                 
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT                                     
RESOLUTION NO. 49(RES)                                                         
Relating to opposition to a moratorium on the building of roads in            
the roadless areas of national forests.                                        
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 49                                                                       
CSSSHJR 49(RES) was engrossed, signed by the Speaker and Chief                 
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 234                                                                       
CSHB 234(FIN) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               

1998-02-02                     House Journal                      Page 2210
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
Legislative Council                                                            
12:30 p.m., 2/2 meeting CANCELED                                               
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m, February 4, 1998.  There being no               
objection, the House adjourned at 12:18 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk