Legislature(1997 - 1998)
1998-03-02 House Journal
Full Journal pdf1998-03-02 House Journal Page 2467 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 2, 1998 Fiftieth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:15 a.m. Roll call showed 35 members present. Representatives Davies, Ivan, Joule and Moses had been previously excused from a call of the House today. Representative Hanley was absent and his presence was noted later. The invocation was offered by the Chaplain, Reverend Kathleen Wakefield, Assistant Rector of St. Brendan's Episcopal Church. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Give me, dear Lord, a pure heart and a wise mind, that I may carry out my work according to Your will. Save me from all false desires, from pride, greed, envy and anger, and let me accept joyfully every task You set before me. Let me seek to serve the poor, the sad and those unable to work. Help me to discern honestly my own gifts, that I may do the things of which I am capable, and happily and humbly leave the rest to others. Above all, remind me constantly that I have nothing except what You give me, and can do nothing except what You enable me to do. Amen. (by Jacob Boehme, 1575-1624, Germany)" 1998-03-02 House Journal Page 2468 The Pledge of Allegiance was led by Representative Kott. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 47th, 48th and 49th legislative days, House Journal Supplement No. 11 and Senate & House Joint Journal Supplement No. 15 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 27, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 19 CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) am by the Senate Finance Committee: Relating to the use of prototype designs in public school construction projects. was read the first time and referred to the Rules Committee. COMMUNICATIONS The following report was received: Dept. of Revenue Alaska Municipal Bond Bank Authority Annual Report 1997 (as required by AS 44.85.100) 1998-03-02 House Journal Page 2469 A letter dated February 20, 1998, from Senator Phillips, Chair of the Legislative Budget & Audit Committee, was read stating that the committee has voted to rescind its action in nominating Dane Larsen as Legislative Auditor and requests the nomination be removed from consideration by the House. REPORTS OF STANDING COMMITTEES HCR 25 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO. 25 Relating to Step Family Day. The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (4): Bunde, Vezey, Brice, Dyson The following fiscal note applies: Zero fiscal note, Legislative Affairs Agency, 3/2/98 SSHCR 25 was referred to the Rules Committee for placement on the calendar. HB 148 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 148 "An Act relating to the public school funding program; relating to the definition of a school district, to the transportation of students, to school district layoff plans, to the special education service agency, to the child care grant program, and to compulsory attendance in public schools; and providing for an effective date." and recommends it be replaced with: 1998-03-02 House Journal Page 2470 HB 148 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 148(HES) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (1): Bunde No recommendation (3): Dyson, Green, Porter Amend (2): Kemplen, Brice The following fiscal notes apply to CSSSHB 148(HES): Fiscal notes (2), Dept. of Education, 3/2/98 SSHB 148 was referred to the Finance Committee. HB 206 The Finance Committee has considered: HOUSE BILL NO. 206 "An Act relating to credit under the Public Employees' Retirement System for service as a village public safety officer." and recommends it be replaced with: CS FOR HOUSE BILL NO. 206(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (8): Kelly, Mulder, Martin, Kohring, Davies, Grussendorf, Moses, Davis No recommendation (2): Therriault, Hanley 1998-03-02 House Journal Page 2471 HB 206 The following fiscal note applies to CSHB 206(FIN): Indeterminate fiscal note, Dept. of Administration, 3/2/98 HB 206 was referred to the Rules Committee for placement on the calendar. HB 390 The Judiciary Committee has considered: HOUSE BILL NO. 390 "An Act relating to marriage; and amending Rules 54 and 56, Alaska Rules of Civil Procedure." and recommends it be replaced with: CS FOR HOUSE BILL NO. 390(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): James Do not pass (1): Berkowitz No recommendation (4): Croft, Rokeberg, Green, Bunde The following fiscal note applies to CSHB 390(JUD): Fiscal note, Dept. of Health & Social Services, 3/2/98 HB 390 was referred to the Finance Committee. HB 458 The Labor & Commerce Committee has considered: 1998-03-02 House Journal Page 2472 HB 458 HOUSE BILL NO. 458 "An Act relating to establishing a golf course alcoholic beverage license to allow sales of beer and wine; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 458(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (3): Cowdery, Hudson, Ryan The following fiscal note applies to CSHB 458(L&C): Zero fiscal note, Dept. of Revenue, 3/2/98 HB 458 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Hanley was noted. SJR 3 The Finance Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) (same title) 1998-03-02 House Journal Page 2473 SJR 3 The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (9): Therriault, Hanley, Mulder, Martin, Kohring, Moses, Davis, Kelly, Foster No recommendation (2): Davies, Grussendorf A House Finance Committee letter of intent for HCS CSSJR 3(FIN), signed by Representatives Therriault and Hanley, Co-chairs, appears below: "Senate Joint Resolution 3 is intended to limit the rights of convicted prisoners in the State of Alaska to only those rights required by the United States Constitution. This limitation is intended to apply to all language contained in the Alaska State Constitution. This limitation is intended to apply to any rights conferred on convicted prisoners by any and all language of Article 1, Section 12 of the Alaska State Constitution. This limitation is intended to apply to language contained in the Alaska State Constitution that does not appear in the United States Constitution including, but not limited to, 'the principle of reformation' and 'the rights of victims.' This amendment would return the meaning of the phrase 'principle of reformation' to the original intent of the framers of the Alaska Constitution by limiting the effect of the 'the principle of reformation,' contained in Article 1, Section 12 of the Alaska State Constitution, to a guidelining principle of criminal administration and make clear that Article 1, Section 12 does not create an individual right of prisoners to rehabilitation. Quoting Mr. Doogan from the minutes of the Alaska Constitutional Convention on January 5, 1956 explaining the meaning of the phrase 'principle of reformation' in Article 1, Section 12 'this statement was more or less advisory or instructive to the penal institutions that they work on the basis of reformation and not go back to the bread and water stage....' 1998-03-02 House Journal Page 2474 SJR 3 Clearly the framers of the Alaska Constitution never intended the phrase 'principle of reformation' to grant enforceable individual rights to convicted prisoners. This amendment is intended to reverse any and all findings by the Alaska Supreme Court that give convicted prisoners in Alaska greater rights under the Alaska State Constitution than those provided under the United States Constitution. This specifically includes: Abraham v. State, 585 P.2d 526, 530-33 (Alaska 1978) McGinnis v. Stevens, 543 P.2d 1221, appeal after remand 570 P.2d 735 (Alaska 1975) Ferguson v. State, 816 P.2d 134 (Alaska 1991) Brandon v. State, 938 P.2d 1029 (Alaska 1997) This amendment is intended to authorize the State of Alaska to request court modification of the settlement in the Superior Court Case Cleary v. Smith, 3AN-81-5274 CIV to remove any settlement terms not required by the United States Constitution." The following fiscal notes apply to HCS CSSJR 3(FIN): Fiscal note, Office of the Lt. Governor, 1/23/98 Zero fiscal note, Dept. of Administration, 3/2/98 CSSJR 3(JUD) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jim and Helen Fisher, Kenai Chamber of Commerce 1997 Pioneer Award By Representatives Hodgins, Phillips, Davis; Senators Torgerson, Ward 1998-03-02 House Journal Page 2475 Honoring - Dr. Mim Chapman By Senator Ellis Honoring - Harry Johns, Sr. By Senator Lincoln; Representative Nicholia In Memoriam - Coral Seymour By Representatives Hodgins, Phillips, Davis; Senators Ward, Torgerson In Memoriam - Trude Ann Milanowski By Representative Nicholia; Senator Lincoln CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 117 The following was read the second time: SENATE BILL NO. 117 "An Act relating to an infant care curriculum in the public school system." with the: Journal Page HES RPT 3DP 2NR 2151 ZERO FISCAL NOTE (DOE) 2151 Representative Porter moved and asked unanimous consent that SB117 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 117 was read the third time. The question being: "Shall SB 117 pass the House?" The roll was taken with the following result: SB 117 Third Reading Final Passage YEAS: 28 NAYS: 6 EXCUSED: 4 ABSENT: 2 1998-03-02 House Journal Page 2476 SB 117 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, James, Kemplen, Kookesh, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Ryan, Sanders, Vezey, Williams Nays: Barnes, Hanley, Kelly, Kohring, Kott, Porter Excused: Davies, Ivan, Joule, Moses Absent: Rokeberg, Therriault And so, SB 117 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 33 The following, which was advanced to third reading from the February 27, 1998 calendar (page 2457), was read the third time: CS FOR HOUSE BILL NO. 33(FIN) am "An Act relating to real estate licensees and to the real estate surety fund; relating to the Real Estate Commission; and providing for an effective date." The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Mulder Representative Ryan Objection was heard, and the members were required to vote. Representative Grussendorf moved and asked unanimous consent that CSHB 33(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 2. Representative Porter objected. 1998-03-02 House Journal Page 2477 HB 33 Representative Porter placed a call of the House. The Speaker stated the call was satisfied. Representative Porter withdrew the objection. There being no further objection, CSHB 33(FIN) am was returned to second reading. Amendment No. 2 was offered by Representative Grussendorf: Page 22, lines 9-12: Delete all material. Renumber the following bill sections accordingly. Representative Grussendorf moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Martin objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 33(FIN) am Second Reading Amendment No. 2 YEAS: 20 NAYS: 16 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Croft, Davis, Dyson, Elton, Grussendorf, Hanley, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Nicholia, Ryan, Sanders, Therriault Nays: Bunde, Cowdery, Foster, Green, Hodgins, Hudson, James, Kohring, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Vezey, Williams Excused: Davies, Ivan, Joule, Moses And so, Amendment No. 2 was adopted. 1998-03-02 House Journal Page 2478 HB 33 The question being: "Shall CSHB 33(FIN) am pass the House?" The roll was taken with the following result: CSHB 33(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Davies, Ivan, Joule, Moses Mulder changed from "Nay" to "Yea". And so, CSHB 33(FIN) am 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. Representative Rokeberg declared a conflict of interest for his vote on CSHB 33(FIN) am. CSHB 33(FIN) am was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 51 The following was read the second time: HOUSE JOINT RESOLUTION NO. 51 Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. 1998-03-02 House Journal Page 2479 HJR 51 with the: Journal Page MLV RPT CS(MLV) NT 7DP 2427 ZERO FISCAL NOTE (MLV) 2427 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 51(MLV) Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam era veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHJR 51(MLV) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 51(MLV) was read the third time. Representative Foster moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Foster was required to vote. The question being: "Shall CSHJR 51(MLV) pass the House?" The roll was taken with the following result: CSHJR 51(MLV) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Davies, Ivan, Joule, Moses 1998-03-02 House Journal Page 2480 HJR 51 Absent: Ogan And so, CSHJR 51(MLV) passed the House and was referred to the Chief Clerk for engrossment. 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 - Juneau Jazz and Classics By Senator Duncan; Representatives Elton, Hudson, Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Green, Grussendorf, James, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Rokeberg, Ryan, Vezey, Williams In Memoriam - Ruth Henry Arcand By Representatives Bunde, Berkowitz, Brice, Cowdery, Croft, Davies, Dyson, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, 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 were excused as noted: Representative Nicholia - from 6:25 a.m., plane time, March 5 to 9:30p.m., plane time, March 8, 1998 Representative Davis - from 6:30 a.m., plane time, March 6 to 9:30a.m., plane time, March 9, 1998 Representative Kelly - from 6:45 p.m., plane time, March 12 to 9:38a.m., plane time, March 18, 1998 Representative Masek - from 1:40 p.m., plane time, March 13 to 9:30a.m., plane time, March 18, 1998 1998-03-02 House Journal Page 2481 Representative Bunde - from 1:40 p.m., plane time, March 6 to 9:39p.m., plane time, March 8, 1998; and, from 1:40 p.m., plane time, March 13 to 9:39 p.m., plane time, March 17, 1998 (amended from page 2074) HJR 51 Representative Williams added his name as cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 51(MLV) Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam era veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. HB 421 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 421 "An Act relating to the right of certain public employees to engage in a strike if monetary terms of a collective bargaining agreement are not approved." SB 159 Representatives Berkowitz, Croft and Kemplen added their names as cross sponsors to: CS FOR SENATE BILL NO. 159(L&C) "An Act relating to the new business incentive program." ENGROSSMENT HJR 51 CSHJR 51(MLV) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 33 CSHB 33(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-03-02 House Journal Page 2482 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee 1:30 p.m., 3/2 meeting CHANGED TO: 1:45 p.m., 3/2 Transportation Committee 1:30 p.m., 3/2 meeting CHANGED TO: 1:45 p.m., 3/2 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 4, 1998. There being no objection, the House adjourned at 1:23 p.m. Suzi Lowell Chief Clerk