Legislature(1997 - 1998)
1998-02-02 House Journal
Full Journal pdf1998-02-02 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