Legislature(1997 - 1998)
1998-03-24 House Journal
Full Journal pdf1998-03-24 House Journal Page 2719 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday March 24, 1998 Seventy-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:12 a.m. Roll call showed 31 members present. Representatives Austerman, Barnes, Hodgins, Hudson and Williams had been previously excused from a call of the House today. Representatives Davies, Hanley, Kott and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Reverend Wayne Coggins of the Cornerstone Family Ministries. Representative Elton moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Heavenly Father, We count ourselves blessed to be citizens of this United States of America and of this beautiful State of Alaska. Today we pause to give You thanks for Your goodness to us, for the abundance that surrounds us, and for Your love, mercy, and compassion. Thank You also for the privilege of being in our various positions of service, be it in elected office, staff or volunteer. Sometimes, Lord, in the busyness and stress of our activity- filled days, it is easy to lose sight of our priorities and purpose for doing what we do. None of us is immune from having blind spots in our perspective. So, at this moment, I pray that You would bring clarity of vision to us all so that we might serve well and succeed at keeping our priorities in focus. Amen." 1998-03-24 House Journal Page 2720 The Pledge of Allegiance was led by Representative Joule. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 71st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 23, 1998, was read stating that, in accordance with AS 39.05.080(1) and Article III, Section 26 of the Alaska Constitution, the Governor has submitted the following names for legislative confirmation of appointment to the positions noted: The following appointments were referred to the Resources Committee: Board of Game Eric Williamson - Anchorage Appointed: 03/19/98 Expires: 01/31/01 Walter Sampson - Kotzebue Appointed: 03/19/98 Expires 01/31/01 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE HJR 29 A message dated March 23, 1998, was read stating the Senate has passed HJR 29 with the following amendment, and it is transmitted for consideration: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 29(RLS) Supporting an increase in federal funding for prostate cancer research. HJR 29 is under Unfinished Business. **The presence of Representative Davies was noted. 1998-03-24 House Journal Page 2721 SB 275 A message dated March 23, 1998, was read stating the Senate has returned the following upon request: CS FOR SENATE BILL NO. 275(STA)(title am H)(efd fld H) "An Act relating to time periods for making, soliciting, or accepting campaign contributions." and CS FOR SENATE BILL NO. 275(STA) "An Act specifying time periods for making, soliciting, or accepting campaign contributions to candidates for state office; and providing for an effective date." CSSB 275(STA)(title am H)(efd fld H) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated March 23, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SCR 14 CS FOR SENATE CONCURRENT RESOLUTION NO. 14(FIN) by the Senate Finance Committee: Establishing the Alaska Task Force on Parity for Mental Health. was read the first time and referred to the Rules Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 180 CS FOR SENATE BILL NO. 180(FIN) by the Senate Finance Committee, entitled: "An Act relating to state rights-of-way." 1998-03-24 House Journal Page 2722 SB 180 was read the first time and referred to the State Affairs, Resources and Finance Committees. SB 309 SENATE BILL NO. 309 by Senators Ward, Donley, Halford, Green, Mackie, Leman, Pearce and Taylor, entitled: "An Act relating to the use of force by peace officers and correctional officers." was read the first time and referred to the State Affairs and Judiciary and Committees. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - David Chevallard, Eagle Scout By Representative Green Honoring - Leukemia Society of America, Washington/Alaska Chapter, Team-In-Training Program By Representative Green In Memoriam - Robert "Babe" Newman By Representative Moses In Memoriam - Titus David By Senator Lincoln; Representative Nicholia INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 473 HOUSE BILL NO. 473 by the House State Affairs Committee, entitled: 1998-03-24 House Journal Page 2723 HB 473 "An Act relating to training and certification of fire fighters, fire instructors, and certain emergency responders; and providing for an effective date." was read the first time and referred to the Judiciary Committee. **The presence of Representative Hanley was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 239 The following was read the second time: HOUSE BILL NO. 239 "An Act relating to the liability of motor fuel dealers for payment of tax imposed on certain credit transactions involving motor fuel sales or transfers that become worthless debts or on sales or transfers to persons who declare bankruptcy; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) 3DP 5NR 2562 FISCAL NOTE (REV) 2563 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 239(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 239(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-03-24 House Journal Page 2724 HB 239 CSHB 239(FIN) was read the third time. **The presence of Representative Kott was noted. The question being: "Shall CSHB 239(FIN) pass the House?" The roll was taken with the following result: CSHB 239(FIN) Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 5 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders Nays: Vezey Excused: Austerman, Barnes, Hodgins, Hudson, Williams Absent: Therriault And so, CSHB 239(FIN) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 239(FIN) was referred to the Chief Clerk for engrossment. HB 321 The following was read the second time: HOUSE BILL NO. 321 "An Act relating to trusts, to the prudent investor rule, and to standards of care applicable to personal representatives, conservators, and trustees; and providing for an effective date." 1998-03-24 House Journal Page 2725 HB 321 with the: Journal Page L&C RPT 4DP 2347 ZERO FISCAL NOTE (DCED) 2347 FIN RPT 6DP 1NR 2563 ZERO FISCAL NOTE (DCED) 2/18/98 2563 Amendment No. 1 was offered by Representative Davies: Page 2, line 12: Delete "eliminated," Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. **The presence of Representative Therriault was noted. Representative Porter moved an amendment to Amendment No. 1 and withdrew the motion in lieu of offering Amendment No. 2. There being no objection, it was so ordered. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Porter: Page 2, line 12, following "the": Insert "direction of the settlor to the" Representative Porter moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HB321 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-03-24 House Journal Page 2726 HB 321 HB 321 am was read the third time. The question being: "Shall HB 321 am pass the House?" The roll was taken with the following result: HB 321 am Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Austerman, Barnes, Hodgins, Hudson, Williams Absent: Moses, Ogan And so, HB 321 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. HB 321 am 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 - Dimond Lynx Hockey Team By Representatives Hanley, Rokeberg, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Ogan, Porter, Ryan, Sanders, Vezey; Senator Pearce 1998-03-24 House Journal Page 2727 Commemorating - Women's History Month By Representatives Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey In Memoriam - Elliot Ira Lipson By Representatives Hudson, Elton, Berkowitz, Brice, Croft, Davies, Davis, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey; Senator Duncan 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 Ogan - from 6:29 a.m., plane time, April 4 to 9:26p.m., plane time, April 5, 1998 Representative Kemplen - from 6:00 p.m., plane time, April 2 to 10:00p.m., plane time, April 5, 1998; and, from 6:00 p.m., plane time, April 9 to 10:00 a.m., plane time, April 14, 1998 Representative Davies - from 6:45 p.m., plane time, March 27 to 9:39a.m., plane time, March 30, 1998 Representative Croft - from 6:45 p.m., plane time, March 26 to 9:38a.m., plane time, March 30, 1998 ENGROSSMENT HB 239 CSHB 239(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 321 HB 321 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-03-24 House Journal Page 2728 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: House Special Committee on Oil & Gas 10:00 a.m., 3/24 meeting CONTINUED: 5:00 p.m., 3/24 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 25, 1998. There being no objection, the House adjourned at 12:11 p.m. Suzi Lowell Chief Clerk