Legislature(1997 - 1998)

1998-03-27 House Journal

Full Journal pdf

1998-03-27                     House Journal                      Page 2765
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                       Friday             March 27, 1998         
                                                                               
                              Seventy-fifth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:14 a.m.                                                         
                                                                               
                                                                               
Roll call showed 32 members present.  Representatives Austerman,               
Barnes, Berkowitz, Bunde, Croft, Dyson, Kookesh and Nicholia had               
been previously excused from a call of the House today.                        
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Wayne Coggins             
of the Cornerstone Family Ministries.  Representative Hudson moved             
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
"Thank You, Lord, for the blessing and privilege of praying                   
this past week with the men and women in this Chamber.  I                      
ask that You would bless them with wisdom for their work                       
here in Juneau and bless them and their families in the lives                  
they lead apart from politics.                                                 
                                                                               
Together we offer up a prayer that Your presence and peace                    
would be specially close to the families in Jonesboro,                         
Arkansas as they grieve their incredible losses.  As a nation,                 
Father, we pray that our eyes would be opened to discover the                  
forces at work in our young people that would allow for such                   
a tragedy to happen.  May each of us search our hearts and                     
commit to do all we can possibly do to instill in the budding                  
generations of young Alaskans a value and respect for human                    
life.  May we have the courage and consistency to lead them                    
in the most powerful way - by example.                                         

1998-03-27                     House Journal                      Page 2766
Finally, Lord, I pray that as this session is now heading into                
the home stretch, and the difficult issues are being funneled                  
ever closer to their hour of decision, that You would clearly                  
guide these legislators to make the right choices for the people               
of Alaska.  Amen."                                                             
                                                                               
The Pledge of Allegiance was led by Representative Williams.                   
                                                                               
                                  * * * * * *                                  
                                                                               
Representative Ivan requested that the House remain standing for a             
moment of silence to offer condolence to the people of Quinhagak in            
their recent tragedy.                                                          
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 74th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
SPECIAL ORDER OF BUSINESS                                                    
                                                                               
Representative Porter moved and asked unanimous consent that the               
citation, In Memoriam - Curtis L. Kutil, be taken up as a Special Order        
of Business at this time.  There being no objection, it was so ordered.        
                                                                               
Representative Rokeberg moved and asked unanimous consent that all             
members of the House be shown as cosponsors of the citation.  There            
being no objection, it was so ordered.                                         
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
In Memoriam - Curtis L. Kutil                                                  
By Representatives Rokeberg, Hanley, Phillips, Austerman, Barnes,              
Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson,                 
Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James,               
Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin,                 
Masek, Moses, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders,                   
Therriault, Vezey, Williams; Senator Pearce                                    

1998-03-27                     House Journal                      Page 2767
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated March 26, 1998 was read stating the Senate has                 
passed the following, and it is transmitted for consideration:                 
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 284                                                                       
CS FOR SENATE BILL NO. 284(STA) by the Senate State Affairs                    
Committee, entitled:                                                           
                                                                               
"An Act relating to cruelty to animals."                                      
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 319                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 319                                                            
"An Act relating to an employee's expectation of privacy in                   
employer premises."                                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 319(L&C)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (1):  Rokeberg                                                         
                                                                               
No recommendation (5):  Cowdery, Sanders, Kubina, Hudson, Ryan                 
                                                                               
The following fiscal note applies to CSHB 319(L&C):                            
                                                                               
Zero fiscal note, Dept. of Law, 3/27/98                                        

1998-03-27                     House Journal                      Page 2768
HB 319                                                                       
HB 319 was referred to the Judiciary Committee.                                
                                                                               
SB 157                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 157(FIN)                                               
"An Act establishing a children's trust motor vehicle registration            
plate."                                                                        
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (3):  Davies, Grussendorf, Moses                                       
                                                                               
Do not pass (1):  Davis                                                        
                                                                               
No recommendation (3):  Therriault, Martin, Kelly                              
                                                                               
Amend (1):  Kohring                                                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate fiscal note, Dept. of Administration, 1/23/98                           
                                                                               
CSSB 157(FIN) was referred to the Rules Committee for placement on             
the calendar.                                                                  
                                                                               
SB 221                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 221(FIN)                                               
"An Act relating to negatively amortizing loans secured by owner-             
occupied real property originated under a program approved or                  
sponsored by the state or federal government, including                        
congressionally chartered national corporations."                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 221(FIN)                                  
(same title)                                                                  

1998-03-27                     House Journal                      Page 2769
SB 221                                                                       
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (7):  Therriault, Martin, Davies, Grussendorf, Kohring, Davis,         
Moses                                                                          
                                                                               
No recommendation (1):  Kelly                                                  
                                                                               
The following fiscal note applies to HCS CSSB 221(FIN):                        
                                                                               
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
1/27/98                                                                        
                                                                               
CSSB 221(FIN) 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 - Nick and Lucille Wongitillin                                        
By Representative Foster                                                       
                                                                               
Honoring - Kathi Duncan, 1997 Governor's Award, Small Business                 
Employer of the Year                                                           
By Senator Torgerson                                                           
                                                                               
In Memoriam - Clinton "Igleguak" Gray, Sr.                                     
By Representative Foster                                                       
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 33                                                                       
HOUSE CONCURRENT RESOLUTION NO. 33 by the House Rules                          
Committee:                                                                     
                                                                               
Relating to the allocation of Alaska salmon.                                  

1998-03-27                     House Journal                      Page 2770
HCR 33                                                                       
was read the first time and referred to the House Special Committee            
on Fisheries.                                                                  
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 474                                                                       
HOUSE BILL NO. 474 by the House Judiciary Committee, entitled:                 
                                                                               
"An Act relating to correctional officers."                                   
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 467                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 467                                                            
"An Act relating to employees of the legislature who are employed             
under a personal services contract."                                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  8DP 1NR                                                 2661         
	FISCAL NOTE (LAA)                                                2661         
	ZERO FISCAL NOTE (ADM)                                           2661         
                                                                               
Representative Porter moved and asked unanimous consent that                   
HB467 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB467 was read the third time.                                                 
                                                                               
The question being:  "Shall HB467 pass the House?"  The roll was               
taken with the following result:                                               

1998-03-27                     House Journal                      Page 2771
HB 467                                                                       
                                                                               
HB 467                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  8   ABSENT:  0                              
                                                                               
Yeas:  Brice, Cowdery, Davies, Davis, Elton, Foster, Green,                    
Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly,               
Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder,                  
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       
                                                                               
Excused:  Austerman, Barnes, Berkowitz, Bunde, Croft, Dyson,                   
Kookesh, Nicholia                                                              
                                                                               
And so, HB467 passed the House and was referred to the Chief Clerk             
for engrossment.                                                               
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 52                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 52                                                 
Relating to opposition to the designation of any rivers in Alaska             
as American Heritage Rivers under the American Heritage Rivers                 
initiative.                                                                    
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  8DP                                                     2450         
	ZERO FISCAL NOTE (H.RES)                                         2450         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
HJR52 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HJR52 was read the third time.                                                 
                                                                               

1998-03-27                     House Journal                      Page 2772
HJR 52                                                                       
The question being:  "Shall HJR52 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HJR 52                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  2   EXCUSED:  8   ABSENT:  0                              
                                                                               
Yeas:  Brice, Cowdery, Davis, Foster, Green, Grussendorf, Hanley,              
Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott,            
Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter,                  
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
Nays:  Davies, Elton                                                           
                                                                               
Excused:  Austerman, Barnes, Berkowitz, Bunde, Croft, Dyson,                   
Kookesh, Nicholia                                                              
                                                                               
And so, HJR52 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 citation on the calendar.  There being no objection,         
the following citation was approved and sent to enrolling:                     
                                                                               
In Memoriam - Ruby C. Ratcliffe                                                
By Representatives Rokeberg, Phillips, Brice, Croft, Davies, Davis,            
Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen,         
Kott, Kubina, Masek, Mulder, Ogan, Porter, Ryan, Sanders, Vezey,               
Williams                                                                       
                                                                               
                                                                               
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 461                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 2746) on the following at              
this time:                                                                     

1998-03-27                     House Journal                      Page 2773
HB 461                                                                       
CS FOR HOUSE BILL NO. 461(FIN)                                                
"An Act making supplemental and special appropriations and                    
amending appropriations; and providing for an effective date."                 
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 461(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that he be              
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Brice was required to vote.                      
                                                                               
                                                                               
Representative Porter moved that the House concur in the Senate                
amendment to CSHB 461(FIN), thus adopting SCS CSHB 461(FIN),                   
and recommended that the members vote yes.                                     
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 461(FIN)?"  The roll was taken with the following result:              
                                                                               
SCS CSHB 461(FIN)                                                              
Concur                                                                         
                                                                               
YEAS:  31   NAYS:  1   EXCUSED:  8   ABSENT:  0                              
                                                                               
Yeas:  Brice, Cowdery, Davies, Davis, Elton, Foster, Green,                    
Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly,               
Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder,                  
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams          
                                                                               
Nays:  Vezey                                                                   
                                                                               
Excused:  Austerman, Barnes, Berkowitz, Bunde, Croft, Dyson,                   
Kookesh, Nicholia                                                              
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 461(FIN).                                                             
                                                                               

1998-03-27                     House Journal                      Page 2774
HB 461                                                                       
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.           
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 461(FIN) was referred to the Chief Clerk for enrollment.              
                                                                               
                                                                               
HJR 29                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 2720) on the following at              
this time:                                                                     
                                                                               
HOUSE JOINT RESOLUTION NO. 29                                                 
Supporting an increase in federal funding for prostate cancer                 
research.                                                                      
                                                                               
and                                                                            
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 29(RLS)                              
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved that the House concur in the Senate                
amendment to HJR 29, thus adopting SCS HJR 29(RLS), and                        
recommended that the members vote yes.                                         
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to HJR 29?"  The roll was taken with the following result:                     
                                                                               
SCS HJR 29(RLS)                                                                
Concur                                                                         
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  8   ABSENT:  0                              
                                                                               
Yeas:  Brice, Cowdery, Davies, Davis, Elton, Foster, Green,                    
Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly,               
Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder,                  
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       

1998-03-27                     House Journal                      Page 2775
HJR 29                                                                       
Excused:  Austerman, Barnes, Berkowitz, Bunde, Croft, Dyson,                   
Kookesh, Nicholia                                                              
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS HJR 29(RLS).                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS HJR 29(RLS) was referred to the Chief Clerk for enrollment.                
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 1                                                                        
Representative Vezey moved and asked unanimous consent that the                
following bill be withdrawn from committee:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 1                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to the duration of a regular session.                                 
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  "Shall HJR 1 be withdrawn from committee?"                
The roll was taken with the following result:                                  
                                                                               
HJR 1                                                                          
Withdraw From Committee                                                        
                                                                               
YEAS:  3   NAYS:  23   EXCUSED:  8   ABSENT:  6                              
                                                                               
Yeas:  Kemplen, Kubina, Vezey                                                  
                                                                               
Nays:  Brice, Cowdery, Davies, Davis, Elton, Foster, Green,                    
Grussendorf, Hodgins, Hudson, Ivan, Joule, Kelly, Kohring, Martin,             
Masek, Mulder, Ogan, Phillips, Porter, Ryan, Therriault, Williams              
                                                                               
Excused:  Austerman, Barnes, Berkowitz, Bunde, Croft, Dyson,                   
Kookesh, Nicholia                                                              
                                                                               
Absent:  Hanley, James, Kott, Moses, Rokeberg, Sanders                         
                                                                               

1998-03-27                     House Journal                      Page 2776
HJR 1                                                                        
Ogan changed from "Yea" to "Nay".                                              
                                                                               
And so, the motion failed.                                                     
                                                                               
HJR 1 is in the Judiciary Committee.                                           
                                                                               
                                                                               
HJR 5                                                                        
Representative Kohring added his name as cosponsor to:                         
                                                                               
HOUSE JOINT RESOLUTION NO. 5                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to freedom of conscience.                                             
                                                                               
HJR 52                                                                       
Representatives Ogan, Green, Hodgins, Rokeberg and Williams added              
their names as cosponsors to:                                                  
                                                                               
HOUSE JOINT RESOLUTION NO. 52                                                 
Relating to opposition to the designation of any rivers in Alaska             
as American Heritage Rivers under the American Heritage Rivers                 
initiative.                                                                    
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 52                                                                       
HJR 52 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 467                                                                       
HB 467 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Majority Caucus                Speaker's Chamber      10:00 a.m., 3/28         
                                                                               

1998-03-27                     House Journal                      Page 2777
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 11:00 a.m., March 30, 1998.  There being no                
objection, the House adjourned at 11:08 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk