Legislature(1997 - 1998)

1998-04-22 House Journal

Full Journal pdf

1998-04-22                     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