Legislature(1997 - 1998)
1998-04-01 House Journal
Full Journal pdf1998-04-01 House Journal Page 2827 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 1, 1998 Eightieth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:22 a.m. Roll call showed 35 members present. Representatives Barnes, Martin, Therriault, Vezey and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let us pray, Gracious God, before You, even the nations rise and fall. Before You, we live with no secrets hid. Before You, our lives are but a passing breath. Grant us wisdom, that when the shadows have lengthened, and the day is spent, we will have used the hours allotted in ways most pleasing to You. As we bow in silence, we confess our utter dependence upon You, acknowledging that we see only in part, but You see fully, knowing even tomorrow while it is yet today. Give us keenness of hearing to hear the faint cries of the voiceless, to see the plight of the poor, and the wisdom to assemble the enfolding puzzle as a state. 1998-04-01 House Journal Page 2828 So we ask of You: guidance, patience, and the humility to see You at work through the deliberations of this House and the committees. In the Name of Him Who came, not to be served but to serve, Jesus Christ, the Savior. Amen." The Pledge of Allegiance was led by Representative Brice. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 79th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **The presence of Representative Martin was noted. REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Christine R. Marasigan James H. Chase as members of the State Commission for Human Rights, Judith Entwife Patricia E. Chitty Linda Connelly Georgia S. Cast as members of the Professional Teaching Practices Commission, Susan LaBelle, MSW as a member of the Alaska Mental Health Trust Authority Board of Trustees; and, 1998-04-01 House Journal Page 2829 Mike Williams Bettye Davis as members of the Board of Education. The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. The reports were signed by Representative Bunde, Chair; and, Representatives Green, Porter, Kemplen, Dyson and Brice. HB 28 The Finance Committee has considered: HOUSE BILL NO. 28 "An Act repealing the Alaska Coastal Management Program and the Alaska Coastal Policy Council, and making conforming amendments because of those repeals." and recommends it be replaced with: CS FOR HOUSE BILL NO. 28(FIN) "An Act relating to the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council." The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (3): Therriault, Mulder, Kelly Do not pass (2): Davies, Grussendorf No recommendation (3): Hanley, Martin, Davis The following fiscal notes apply to CSHB 28(FIN): 1998-04-01 House Journal Page 2830 HB 28 Fiscal note, House Finance Committee/Dept. of Law, 4/1/98 Zero fiscal note, Dept. of Community & Regional Affairs, 4/1/98 Zero fiscal note, Dept. of Environmental Conservation, 4/1/98 Zero fiscal note, House Finance Committee/Dept. of Law, 4/1/98 Zero fiscal note, Dept. of Natural Resources, 4/1/98 Zero fiscal note, Dept. of Fish & Game, 4/1/98 HB 28 was referred to the Rules Committee for placement on the calendar. HB 356 The Finance Committee has considered: HOUSE BILL NO. 356 "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 356(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Therriault, Kelly, Foster, Mulder, Martin, Davies, Grussendorf The following fiscal note applies to CSHB 356(FIN): Fiscal note, House Finance Committee/Legislative Affairs Agency, 4/1/98 HB 356 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. 1998-04-01 House Journal Page 2831 HB 462 The Finance Committee has considered: HOUSE BILL NO. 462 "An Act relating to the contents of certain state documents." and recommends it be replaced with: CS FOR HOUSE BILL NO. 462(STA) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Mulder, Kohring, Kelly, Foster Do not pass (1): Davies No recommendation (1): Grussendorf The following fiscal note applies to CSHB 462(STA): Zero fiscal note, Office of the Governor/All Depts., 3/23/98 HB 462 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 - The Iditarod Sled Dog Race Volunteers By Representative Masek Honoring - Brennan Walsh, Eagle Scout By Representative Foster Honoring - Seward Seahawks Girls' Basketball Team, 3A State Champions By Representative Davis 1998-04-01 House Journal Page 2832 Honoring - Maynard Perkins, Jr., Professor of the Year By Representatives Foster, Kubina Recognizing - Tartan Day, April 6, 1998 By Senator Parnell Honoring - The Anchorage Opera By Senator Kelly In Memoriam - Sarah Mae Bailey Imaataluk Tiepelman Salazar By Representative Joule; Senator Adams **The presence of Representative Therriault was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 479 HOUSE BILL NO. 479 by the House Labor & Commerce Committee, entitled: "An Act relating to recognition of employers who hire Alaskans." was read the first time and referred to the Labor & Commerce Committee. HB 480 HOUSE BILL NO. 480 by the House Transportation Committee, entitled: "An Act relating to maintenance of state marine vessels; and providing for an effective date." was read the first time and referred to the Transportation Committee. **The presence of Representative Vezey was noted. 1998-04-01 House Journal Page 2833 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 395 The following was read the second time: HOUSE BILL NO. 395 "An Act relating to civil liability resulting from the use of a defibrillator in providing emergency aid." with the: Journal Page JUD RPT CS(JUD) NT 6DP 2617 ZERO FISCAL NOTE (DHSS) 2618 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. 395(JUD) "An Act relating to civil liability resulting from the use of a defibrillator in providing emergency aid or emergency training." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 395(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 395(JUD) was read the third time. The question being: "Shall CSHB 395(JUD) pass the House?" The roll was taken with the following result: CSHB 395(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 1998-04-01 House Journal Page 2834 HB 395 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Barnes, Hodgins And so, CSHB 395(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 399 The following was read the second time: HOUSE BILL NO. 399 "An Act relating to an optional exemption from, and deferral of payment of, municipal taxes on deteriorated property, and defining 'deteriorated property' for purposes of the exemption or deferral; and providing for an effective date." with the: Journal Page L&C RPT 4DP 2659 ZERO FISCAL NOTE (H.L&C/DCRA) 2660 Representative Porter moved and asked unanimous consent that HB399 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 399 was read the third time. **The presence of Representative Barnes was noted. The question being: "Shall HB 399 pass the House?" The roll was taken with the following result: HB 399 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1998-04-01 House Journal Page 2835 HB 399 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, HB 399 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 399 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: Commending - Torch Run 98 By Representatives Berkowitz, Phillips, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Alaska Chadux Corporation, CCI, Inc., and Louden Tribal Council By Representatives Hodgins, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Colony Lady Knights, Region III, State 4-A Girls' Basketball Champions By Senators Green, Halford; Representatives Ogan, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-04-01 House Journal Page 2836 In Memoriam - Ernie Gustafson By Representatives Foster, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Basil "Harvey" Levi By Senator Lincoln; Representatives Nicholia, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Porter, Rokeberg, Ryan, Sanders, 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 Sanders - from 1:00 p.m., plane time, April 3 to 9:30a.m., plane time, April 6, 1998 Representative Kott - from 1:30 p.m., plane time, April 3 to 9:30 p.m., April 5, 1998 Representative Davis - from 6:45 p.m., plane time, April 9 to 9:38a.m., plane time, April 14, 1998 Representative Hanley - from 6:45 p.m., plane time, April 9 to 9:30a.m., plane time, April 14, 1998 Representative James - from 6:45 p.m., plane time, April 9 to 9:26p.m., plane time, April 12, 1998 Representative Croft - from 6:45 p.m., plane time, April 1 to 9:38 a.m., plane time, April 6, 1998 Representative Dyson - from 1:41 p.m., plane time, April 3 to 9:36p.m., plane time, April 7, 1998 Representative Ivan - from 6:00 a.m., plane time, April 9 to 9:30p.m., plane time, April 13, 1998 (amended from page 2686) 1998-04-01 House Journal Page 2837 HJR 44 Representative Porter moved and asked unanimous consent that the reconsideration (page 2821) of the following be held one legislative day: CS FOR HOUSE JOINT RESOLUTION NO. 44(RLS) am(fld H) Proposing amendments to the Constitution of the State of Alaska relating to redistricting and reapportionment of the legislature; repealing obsolete language setting out the apportionment schedule used to elect members of the first state legislature. There being no objection, it was so ordered, and CSHJR 44(RLS)am(fld H) will be available for reconsideration on April 2, 1998. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/1 Minority Caucus upon recess, 4/1 The Speaker stated that, without objection, the House would recess until 11:15 a.m.; and so, the House recessed at 11:00 a.m. AFTER RECESS The Speaker called the House back to order at 11:18 a.m. UNFINISHED BUSINESS SB 275 Representative Porter moved and asked unanimous consent that the House rescind previous action in passing CSSB 275(STA)(title am H)(efd fld H) (page 2688) on reconsideration. There being no objection, it was so ordered. The following was again before the House: 1998-04-01 House Journal Page 2838 SB 275 CS FOR SENATE BILL NO. 275(STA)(title am H) "An Act relating to time periods for making, soliciting, or accepting campaign contributions; and providing for an effective date." Representative Porter placed a call of the House. The Speaker stated the call had been satisfied. Representative Porter moved and asked unanimous consent that CSSB 275(STA)(title am H) be returned to second reading for the specific purpose of considering Amendment No. 7. There being no objection, it was so ordered. Amendment No. 7 was offered by Representative Therriault: Page 1, line 7: Delete "state office" Insert "the state legislature" Page 2, lines 2 - 17: Delete "ªTO A CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR OR AN INDIVIDUAL WHO FILES WITH THE COMMISSION THE DOCUMENT NECESSARY TO PERMIT THAT INDIVIDUAL TO INCUR CERTAIN ELECTION- RELATED EXPENSES ASAUTHORIZED BY AS15.13.100 FOR GOVERNOR OR LIEUTENANT GOVERNOR, WHEN THE OFFICE IS TO BE FILLED AT A GENERAL ELECTION, BEFORE THE LATER OF THE FOLLOWING DATES: (A) THE DATE THE INDIVIDUAL (i) BECOMES A CANDIDATE; OR (ii) FILES WITH THE COMMISSION THE DOCUMENT NECESSARY TO PERMIT THE INDIVIDUAL TO INCUR CERTAIN ELECTION- RELATED EXPENSES ASAUTHORIZED BY AS15.13.100; OR (B) JANUARY 1 OF THE YEAR OF THE GENERAL ELECTION; (2)ß to a candidate for state office ªTHE STATE LEGISLATUREß" 1998-04-01 House Journal Page 2839 SB 275 Insert "to a candidate for governor or lieutenant governor or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses asauthorized by AS15.13.100 for governor or lieutenant governor, ªWHEN THE OFFICE IS TO BE FILLED AT A GENERAL ELECTION,ß before the later of the following dates: (A) the date the individual (i) becomes a candidate; or (ii) files with the commission the document necessary to permit the individual to incur certain election-related expenses asauthorized by AS15.13.100; or (B) January 1 of the year of the ªGENERALß election; (2) to a candidate for the state legislature" Page 2, line 20: Delete "state office ªTHE STATE LEGISLATURE" Insert "the state legislature ª" Page 2, line 31: Delete "(2) ª(3)ß" Insert "(3)" Page 3, line 14: Delete "(3) ª(4)ß" Insert "(4)" Representative Therriault moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 275(STA)(title am H) -- RECONSIDERATION Second Reading Amendment No. 7 YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 1998-04-01 House Journal Page 2840 SB 275 Yeas: Barnes, Berkowitz, Brice, 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, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Austerman, Bunde, Hanley, Porter And so, Amendment No. 7 was adopted. The question being reconsidered: "Shall CSSB 275(STA) am H pass the House?" The roll was taken with the following result: CSSB 275(STA) am H -- RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Austerman, Bunde, Porter And so, CSSB 275(STA) am H passed the House on reconsideration. 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. CSSB 275(STA) am H was referred to the Chief Clerk for engrossment. HB 329 Representative Green, Chair, moved and asked unanimous consent that the following be waived from the Judiciary Committee: 1998-04-01 House Journal Page 2841 HB 329 HOUSE BILL NO. 329 "An Act amending the definition of correctional facility to include a therapeutic treatment center; providing for the conveyance of the Harborview Developmental Center and appurtenant land to the City of Valdez for the purpose of conversion and lease of a part of the center for a therapeutic treatment center for the Department of Corrections; providing that such a land conveyance counts toward the general grant land entitlement of the City of Valdez; and providing for an effective date." Representative Vezey objected. The Speaker invoked Section 101 of Mason's Manual. The question being: "Shall HB 329 be waived from the Judiciary Committee?" The roll was taken with the following result: HB 329 Waive from Judiciary Committee YEAS: 26 NAYS: 10 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Green, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Nicholia, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Barnes, Dyson, Foster, Kelly, Kohring, Masek, Mulder, Ogan, Ryan, Vezey Absent: Grussendorf, Hanley, Martin, Sanders And so, HB 329 was removed from the Judiciary Committee and referred to the Finance Committee. HJR 66 Representative Ogan, Co-chair, moved to add a Resources Committee referral for the following: HOUSE JOINT RESOLUTION NO. 66 Proposing amendments to the Constitution of the State of Alaska 1998-04-01 House Journal Page 2842 HJR 66 relating to subsistence uses of fish and wildlife by residents; and providing for an effective date and repeal of the subsistence amendment. Representative Ogan moved and asked unanimous consent to withdraw his motion. There being no objection, it was so ordered. HJR 66 is in the Judiciary Committee. HB 395 Representative Croft added his name as cosponsor to: CS FOR HOUSE BILL NO. 395(JUD) "An Act relating to civil liability resulting from the use of a defibrillator in providing emergency aid or emergency training." HB 399 Representatives Croft and Kemplen added their names as cosponsors to: HOUSE BILL NO. 399 "An Act relating to an optional exemption from, and deferral of payment of, municipal taxes on deteriorated property, and defining 'deteriorated property' for purposes of the exemption or deferral; and providing for an effective date." ENGROSSMENT HB 395 CSHB 395(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 399 HB 399 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 275 CSSB 275(STA) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-04-01 House Journal Page 2843 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 2, 1998. There being no objection, the House adjourned at 11:59 a.m. Suzi Lowell Chief Clerk