Legislature(1997 - 1998)
1998-04-22 House Journal
Full Journal pdf1998-04-22 House Journal Page 3193 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 22, 1998 One Hundred First Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:30 a.m. Roll call showed 36 members present. Representative Croft had been previously excused from a call of the House today. Representatives Berkowitz, Kott and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Father Peter Gorges of the Cathedral of the Nativity of the Blessed Virgin Mary. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let us pray, O God, again we gather in Your presence, seeking Your guidance and inspiration. It seems that, more and more, we are faced with moral and ethical decisions. Maybe these elements of legislation have been there all along, but they haven't been as visible in the past. We come from different religious and philosophical backgrounds, and those who sent us here come from different religious and philosophical backgrounds. Notwithstanding all these differences, we're here with a common purpose -- to legislate the best possible laws for the people of Alaska. 1998-04-22 House Journal Page 3194 Help us, Lord, to know when to stand fast in our convictions, and when to negotiate. Help us to know what can be honorably traded off, and what needs to be kept to preserve honor. Give us the courage to challenge those bills which compromise our basic principles about what is right, and what is wrong. Open our eyes to see, and our ears to hear those who cry out for justice. Help us to vote in such a way that we are true to you, and to our constituents, and to ourselves. Amen." The Pledge of Allegiance was led by Representative Nicholia. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 100th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 356 A message dated April 21, 1998, was read stating the Senate has passed CSHB 356(FIN) am with the following amendment: Page 2, line 11: Delete "three" Insert "four" Page 2, line 12: Delete "two" Insert "three" Page 2, line 14: Delete "three" Insert "four" 1998-04-22 House Journal Page 3195 HB 356 Page 2, line 15: Delete "two" Insert "three" Page 3, line 20: Delete "Five" Insert "Six" And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 356(FIN) am S "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." CSHB 356(FIN) am is under Unfinished Business. COMMUNICATIONS The following report was received: Dept. of Environmental Conservation Spill Prevention and Response Division Storage Tank Assistance Fund Annual Report, Fiscal Year 1997 (as required by AS 46.03.363) REPORTS OF STANDING COMMITTEES HB 257 The State Affairs Committee has considered: HOUSE BILL NO. 257 "An Act relating to voter qualification, disqualification, and registration; to voter registration officials; to election notices; to mail elections; to certain voting procedures; to the transportation of ballots; and to the official election pamphlet and certain immunity from liability regarding claims arising from publication of the official election pamphlet." 1998-04-22 House Journal Page 3196 HB 257 and recommends it be replaced with: CS FOR HOUSE BILL NO. 257(STA) "An Act relating to voter qualification, disqualification, and registration; relating to voter registration officials and election personnel; relating to election notices; relating to mail elections; relating to certain election procedures; relating to the transportation of ballots; and relating to the official election pamphlet." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Elton No recommendation (3): Berkowitz, Ryan, Hodgins The following fiscal note applies to CSHB 257(STA): Fiscal note, Office of the Governor, 4/22/98 HB 257 was referred to the Finance Committee. SB 273 The Finance Committee has considered: CS FOR SENATE BILL NO. 273(FIN) am "An Act requiring that gross receipts and ideal gross be used to account for charitable gaming activities; making records received by the Department of Revenue under AS 05.15 subject to the laws relating to public records and providing that the Department of Revenue does not have to make those records available to the public until 90 days following the receipt of the records; requiring municipalities to provide to the state records concerning sales taxes assessed for charitable gaming activities; relating to requiring that a charitable share of charitable gaming receipts be dedicated to charitable uses; relating to reports required for charitable gaming activities; relating to payments to the state from gross receipts of charitable gaming; relating to contracts between operators or vendors and permittees; relating to licensing of multiple-beneficiary permittees and to the duties of a 1998-04-22 House Journal Page 3197 SB 273 multiple-beneficiary permittee to each holder of the permit; requiring a person employed as a gaming manager to be certified by the state; limiting the expenditure of amounts of gross receipts and ideal gross required to be paid to permittees or retained by permittees; relating to the amount of gross receipts and prizes allowed under a permit or a multiple-beneficiary permit; allowing operators to pool gross receipts, prizes, and door prizes among permittees; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 273(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (1): Davies No recommendation (5): Therriault, Kelly, Mulder, Foster, Davis Amend (1): Martin The following fiscal note applies to HCS CSSB 273(FIN): Senate zero fiscal note, Dept. of Revenue, 2/27/98 CSSB 273(FIN) am 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 - Fairview Community Patrol By Representative Kemplen; Senator Ellis Honoring - Mark Begich By Senator Ellis 1998-04-22 House Journal Page 3198 Honoring - Mountain View Community Center By Senator Ellis Honoring - Cap'n Donnie Kubley, M/Y Boatacious By Senator Kelly Honoring - Lieutenant General Patrick K. Gamble By Senator Leman; Representative Mulder Honoring - Ken Thompson By Senator Leman In Memoriam - Phillip Wren "Ben" Benediktsson By Representatives Mulder, Barnes, Foster, Martin, Porter, Ivan, Davies, Hodgins, Kelly, Hanley In Memoriam - R. Martin "Marty" Clements By Senator Duncan; Representatives Elton, Hudson **The presence of Representative Berkowitz was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 68 HOUSE JOINT RESOLUTION NO. 68 by the House Finance Committee: Relating to continued operation of the McKinley Park airstrip for general aviation and access to Denali National Park and Preserve. was read the first time and referred to the Transportation Committee. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 325 The following, which was advanced to third reading from the April 21, 1998 calendar (page 3183), was read the third time: 1998-04-22 House Journal Page 3199 HB 325 CS FOR HOUSE BILL NO. 325(FIN) am "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Representative Hanley declared a potential conflict of interest. **The presence of Representative Kott was noted. Representative Ryan moved and asked unanimous consent that he be allowed to abstain from voting due to a potential conflict of interest. Objection was heard, and Representative Ryan was required to vote. Representative Vezey moved and asked unanimous consent that CSHB 325(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 43 (page 3179). Objection was heard. The question being: "Shall CSHB 325(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 43?" The roll was taken with the following result: CSHB 325(FIN) am Third Reading Return to Second for Amendment No. 43 YEAS: 2 NAYS: 36 EXCUSED: 1 ABSENT: 1 Yeas: Kookesh, Vezey Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Excused: Croft 1998-04-22 House Journal Page 3200 HB 325 Absent: Therriault And so, the motion failed. Representative Kubina placed a call of the House. **The presence of Representative Therriault was noted. 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. Representatives Davies and Hodgins declared a conflict of interest. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative James Representative Cowdery Representative Ogan Representative Martin Objection was heard, and the members were required to vote. The Speaker requested that Representative Porter temporarily assume the Chair. Speaker pro tempore Porter recognized Representative Phillips. The Speaker resumed the Chair. The call was satisfied. The question being: "Shall CSHB 325(FIN) am pass the House?" The roll was taken with the following result: CSHB 325(FIN) am Third Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 1998-04-22 House Journal Page 3201 HB 325 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey Excused: Croft And so, CSHB 325(FIN) am passed the House. Representative Porter moved the constitutional budget reserve fund appropriation in Section 31, page 47, line 4, under Revenue Operations. The question being: "Shall the House adopt the constitutional budget reserve fund appropriation in Section 31, page 47, line 4, under Revenue Operations?" The roll was taken with the following result: CSHB 325(FIN) am Third Reading Constitutional Budget Reserve Appropriation Section 31, Page 47, Line 4 YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey Excused: Croft And so, lacking the necessary 30 votes, the constitutional budget reserve fund appropriation in Section 31, page 47, line 4 was not adopted. 1998-04-22 House Journal Page 3202 HB 325 Representative Porter moved the constitutional budget reserve fund appropriations in Section 6, page 3, lines 11 - 22. The question being: "Shall the House adopt the constitutional budget reserve fund appropriations in Section 6, page 3, lines 11 - 22?" The roll was taken with the following result: CSHB 325(FIN) am Third Reading Constitutional Budget Reserve Appropriations Section 6, Page 3, Lines 11 - 22 YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey Excused: Croft And so, lacking the necessary 30 votes, Section 6 was not adopted. 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 325(FIN) am(brf sup maj fld) 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: 1998-04-22 House Journal Page 3203 Honoring - Era Aviation, 50th Anniversary By Representatives Phillips, Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Associated General Contractors of Alaska, 50th Anniversary By Representatives Phillips, Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Nathan P. Jackson, Tlingit Master Carver By Representatives Williams, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Honoring - Algie and Bernice Frisby By Representatives Kookesh, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Kettleson Memorial Library By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Wallace Coleman By Representatives Masek, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-04-22 House Journal Page 3204 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 Kemplen - from 12:30 p.m., plane time, April 24 to 10:00 p.m., plane time, April 26, 1998 Representative Kubina - from 1:40 p.m., plane time, April 24 to 9:36p.m., plane time, April 26, 1998 Representative Brice - from 6:24 a.m., plane time, April 25 to 9:24p.m., plane time, April 27, 1998 Representative Masek - from 6:40 p.m., plane time, April 24 to 9:30p.m., plane time, April 26, 1998 Representative Kelly - from 6:45 p.m., plane time, April 23 to 9:30a.m., plane time, April 27, 1998 Representative Hodgins - from 6:40 a.m., plane time, April 25 to 9:38p.m., plane time, April 26, 1998 Representative James - from 6:45 p.m., plane time, April 24 to 10:49p.m., plane time, April 25, 1998 Representative Vezey moved and asked unanimous consent that a resolution regarding local control of fish and game resources be considered the Sense of the House. Representative Kubina objected. The Speaker referred the resolution to the House Special Committee on World Trade and State/Federal Relations. 1998-04-22 House Journal Page 3205 ENGROSSMENT HB 325 CSHB 325(FIN) am(brf sup maj fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 168 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:00 p.m., April 22, 1998: CS FOR HOUSE BILL NO. 168(RLS)(efd fld) "An Act relating to use of traditional means of access to assist in taking game or fish and to traditional means of access for traditional outdoor activities on land and water set aside for fish and game purposes." 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 23, 1998. There being no objection, the House adjourned at 1:38 p.m. Suzi Lowell Chief Clerk