Legislature(1997 - 1998)

1998-03-24 House Journal

Full Journal pdf

1998-03-24                     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