Legislature(1997 - 1998)

1998-05-06 House Journal

Full Journal pdf

1998-05-06                     House Journal                      Page 3545
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday               May 6, 1998         
                                                                               
                          One Hundred Fifteenth Day                          
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:48 a.m.                                                         
                                                                               
Roll call showed 34 members present.  Representative Kookesh had               
been previously excused from a call of the House today.                        
Representative Barnes was excused from a call of the House due to              
illness and her presence was noted later.  Representatives Hanley,             
Therriault, Vezey and Williams were absent and their presence was              
noted later.                                                                   
                                                                               
                                                                               
The invocation was sung by Teri Tibbett.  Representative Hudson                
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
  Peace                                                                      
                                                                               
Peace, I ask of thee, oh river,                                                
Peace, Peace, Peace                                                            
When I learn to live serenely                                                  
Cares will cease.                                                              
                                                                               
From the hills I gather courage,                                               
Visions of the day to be,                                                      
Strength to lead and faith to follow,                                          
All are given unto me.                                                         
                                                                               
Peace, I ask of thee, oh river,                                                
Peace, Peace, Peace.                                                           
                                                                               

1998-05-06                     House Journal                      Page 3546
The Pledge of Allegiance was led by Representative Foster.                     
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 114th legislative day with the following corrections be        
approved as certified by the Chief Clerk.  There being no objection, it        
was so ordered.                                                                
                                                                               
Page 3538, under Sense of the House:                                           
Delete "$750,000,000"                                                          
Insert "three-quarters of a billion dollars"                                   
                                                                               
SB 334                                                                       
Page 3520, the Finance Committee recommends:                                   
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 334(FIN)                                  
(same title)                                                                  
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Masek moved and asked unanimous consent that the                
citation, Honoring - Tara Deal, be taken up as a Special Order of              
Business at this time.  There being no objection, it was so ordered.           
                                                                               
Representative Masek 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 Masek moved and asked unanimous consent that the                
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
Honoring - Tara Deal                                                           
By Representatives Cowdery, Masek, Phillips, Austerman, Barnes,                
Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster,           
Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule,               
Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses,                 
Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                

1998-05-06                     House Journal                      Page 3547
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
SB 76                                                                        
The following letter, dated May 5, 1998, was received:                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
On this date I have signed the following bill and am transmitting the          
engrossed and enrolled copies to the Lieutenant Governor's Office for          
permanent filing:                                                              
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 76(FIN) am H                              
"An Act relating to results-based government and the state budget;            
relating to state agency program and financial plans; relating to the          
withholding or reduction of appropriations to a state agency; and              
relating to state agency performance and other reports."                       
                                                                               
Chapter No. 27 SLA 1998                                                       
¦Effective Date:  August 3, 1998á                                             
                                                                               
I applaud the intent of this bill to move the state toward results-based       
budgeting and look forward to working with the Legislature on                  
developing the specifics of how this process will be implemented.              
                                                                               
In signing this bill, I note it does not, and cannot conflict with other       
statutes outlining agency program responsibility.  Nor may it contradict       
the Alaska Constitution regarding the restriction on appropriation bills.      
Consistent with my action and that of previous governors, I will               
continue to protect the constitutional mandate that appropriation bills        
be confined to designating state appropriations.                               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
SB 180                                                                       
The following letter, dated May 5, 1998, was received:                         
                                                                               
"Dear Speaker Phillips:                                                        

1998-05-06                     House Journal                      Page 3548
SB 180                                                                       
On this date I have signed the following bill and am transmitting the          
engrossed and enrolled copies to the Lieutenant Governor's Office for          
permanent filing:                                                              
                                                                               
CS FOR SENATE BILL NO. 180(FIN)                                               
"An Act relating to state rights-of-way."                                     
                                                                               
Chapter No. 26, SLA 1998                                                      
¦Effective Date:  August 3, 1998á                                             
                                                                               
This bill lists 602 routes and trails, declares them to have been              
accepted by public use under the federal RS 2477 law, and requires the         
Department of Natural Resources to record the routes.  The bills intent        
seems to be to secure public access for all Alaskans along rights-of-          
way developed under RS 2477, an 1866 federal law that provided,                
"The right of way for the construction of highways over public lands,          
not reserved for public uses, is hereby granted."                              
                                                                               
I signed this bill because of my strong belief in the public access            
principle that inspired it.  Access routes are among the States most           
valuable assets, for without access, natural resources could not be            
developed and Alaskas heritage of public lands would be off limits.            
                                                                               
However, I have serious reservations about the course this bill takes.         
It does nothing to assist the State in disputes over potential RS 2477         
rights-of-way crossing federal land, as those disputes can only be             
resolved by suits in federal court under the Quiet Title Act.                  
Strengthening the States case will take more detailed research,                
finishing the certification process, and surveying the routes that prove       
to qualify.  Instead, the bill diverts funds and personnel needed for          
those tasks into recording all 602 routes.  Recordation is appropriate         
as soon as each route is certified and surveyed, but at this point only        
11 routes have reached the certification stage. Premature recordation          
of a route for which the status and location are uncertain does not help       
the State in court.                                                            
                                                                               
In order for the Department of Natural Resources to carry through on           
recording these routes as required under this bill, it is essential the        
fiscal note be funded.  Without funding, DNR will be unable to                 
conduct this work.                                                             

1998-05-06                     House Journal                      Page 3549
SB 180                                                                       
Only my strong support for securing all RS 2477 access routes to               
which the State is legally entitled has caused me to put these                 
misgivings aside and sign the bill.                                            
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 193                                                                       
A message dated May 5, 1998, was read stating the Senate has passed            
CSHB 193(FIN) am with the following amendment and it is                        
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN)                                  
"An Act relating to financial assistance for students attending               
certain graduate education programs; and providing for an                      
effective date."                                                               
                                                                               
CSHB 193(FIN) am is under Unfinished Business.                                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
A message dated May 5, 1998, was read stating the Senate has passed            
the following, and they are transmitted for consideration:                     
                                                                               
SB 264                                                                       
CS FOR SENATE BILL NO. 264(FIN) am by the Senate Finance                       
Committee, entitled:                                                           
                                                                               
"An Act relating to municipal highway construction grants, to                 
minimum payments under certain municipal aid programs, to aid                  
for municipal road maintenance, and to the transfer of roads to                
municipalities; and providing for an effective date."                          
                                                                               

1998-05-06                     House Journal                      Page 3550
SB 264                                                                       
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
SB 352                                                                       
SENATE BILL NO. 352 by the Senate Transportation Committee,                    
entitled:                                                                      
                                                                               
"An Act relating to international airports revenue bonds; and                 
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Rules Committee for                
placement on the calendar (similar to HB 432).                                 
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 257                                                                       
The Finance 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."                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 257(FIN)                                                
"An Act relating to elections, to voter registration, and to                  
candidates for election; and providing for an effective date."                 
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (5):  Mulder, Grussendorf, Moses, Davis, Kelly                         
                                                                               
No recommendation (1):  Therriault                                             
                                                                               

1998-05-06                     House Journal                      Page 3551
HB 257                                                                       
The following fiscal note applies to CSHB 257(FIN)                             
                                                                               
Fiscal note, Office of the Governor, 5/6/98                                    
                                                                               
HB 257 is on today's calendar.                                                 
                                                                               
HB 344                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 344                                                            
"An Act relating to paternity establishment and child support;                
relating to the crimes of criminal nonsupport and aiding the                   
nonpayment of child support; and amending Rule 37(b)(2)(D),                    
Alaska Rules of Civil Procedure; and providing for an effective                
date."                                                                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 344(FIN)                                                
"An Act relating to paternity establishment and to support orders;            
relating to the crime of criminal nonsupport; relating to divorces,            
dissolutions, and actions to declare a marriage void; and providing            
for an effective date."                                                        
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (1):  Martin                                                           
                                                                               
Do not pass (1):  Kohring                                                      
                                                                               
No recommendation (4):  Therriault, Kelly, Davis, Mulder                       
                                                                               
The following fiscal notes apply to CSHB 344(FIN):                             
                                                                               
Indeterminate fiscal note, Dept. of Administration, 1/23/98                    
Zero fiscal note, Dept. of Community and Regional Affairs, 5/6/98              
Zero fiscal note Dept. of Administration, 2/18/98                              
Zero fiscal notes (2), Dept. of Administration, 1/23/98                        
Zero fiscal note, Dept. of Revenue, 1/23/98                                    

1998-05-06                     House Journal                      Page 3552
HB 344                                                                       
HB 344 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 375                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 375                                                            
"An Act relating to children in need of aid matters and                       
proceedings; relating to murder of children, criminally negligent              
homicide, kidnapping, criminal nonsupport, the crime of indecent               
exposure, and the crime of endangering the welfare of a child;                 
relating to registration of certain sex offenders; relating to                 
sentencing for certain crimes involving child victims; relating to             
the state medical examiner and reviews of child fatalities; relating           
to teacher certification and convictions of crimes involving child             
victims; relating to access, confidentiality, and release of certain           
information concerning the care of children, child abuse and                   
neglect, and child fatalities; authorizing the Department of Health            
and Social Services to enter into an interstate compact concerning             
adoption and medical assistance for certain children with special              
needs; authorizing the establishment of a multidisciplinary child              
protection team to review reports of child abuse or neglect;                   
relating to immunity from liability for certain state actions                  
concerning matters involving child protection and fatality reviews             
and children in need of aid; relating to persons required to report            
suspected child abuse or neglect; relating to foster care placement            
and to payment for children in foster and other care and the waiver            
of certain foster care requirements; relating to the access to certain         
criminal justice information and licensure of certain child care               
facilities; amending Rule 218, Alaska Rules of Appellate                       
Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in                
Need of Aid Rules; and providing for an effective date."                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 375(FIN)                                                
"An Act relating to children-in-need-of-aid matters and                       
proceedings; relating to child abuse and neglect; relating to                  
kidnapping and the crime of endangering the welfare of a child;                
relating  to  sentencing  for  certain  crimes; relating  to  the  state       

1998-05-06                     House Journal                      Page 3553
HB 375                                                                       
medical examiner and reviews of child fatalities; relating to                 
teacher certification and convictions of crimes involving child                
victims; relating to access to, confidentiality of, and release of             
certain information concerning children, child abuse and neglect,              
and child fatalities; authorizing the Department of Health and                 
Social Services to enter into an interstate compact concerning                
adoption and medical assistance for certain children with special              
needs; relating to the review of cases involving certain children              
who are in the custody of the state; authorizing the establishment             
of multidisciplinary child protection teams and relating to their              
duties; relating to persons required to report suspected child abuse           
or neglect; relating to foster care and foster parents; relating to            
access to certain criminal justice information and licensure of                
certain child care facilities; amending Rule 218, Alaska Rules of              
Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and              
22, Alaska Child in Need of Aid Rules."                                        
                                                                               
The report was signed by Representative Mulder, Vice Chair, with the           
following individual recommendations:                                          
                                                                               
Do pass (2): Davies, Grussendorf                                               
                                                                               
Do not pass (1):  Kohring                                                      
                                                                               
No recommendation (4):  Mulder, Moses, Davis, Kelly                            
                                                                               
The following fiscal notes apply to CSHB 375(FIN):                             
                                                                               
Fiscal note, Dept. of Health & Social Services, 4/7/98                         
Fiscal note, Dept. of Corrections, 4/7/98                                      
Fiscal note, Alaska Court System, 4/7/98                                       
Indeterminate fiscal note, Office of the Governor/Various Depts.,              
2/2/98                                                                         
                                                                               
HB 375 is on today's calendar.                                                 
                                                                               
                                                                               
HB 434                                                                       
The Judiciary Committee has considered:                                        
                                                                               

1998-05-06                     House Journal                      Page 3554
HB 434                                                                       
HOUSE BILL NO. 434                                                            
"An Act requiring drug testing for applicants for and recipients of           
assistance under the Alaska temporary assistance program; and                  
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 434(JUD)                                                
"An Act relating to family self-sufficiency plans under the Alaska            
temporary assistance program; relating to the assessment of                    
recipients of assistance under the Alaska temporary assistance                 
program for the use of alcohol and controlled substances and                   
compliance with recommendations of the assessment as a                         
condition of the recipient's family self-sufficiency plan; and                 
providing for an effective date."                                              
                                                                               
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  Rokeberg                                                         
                                                                               
No recommendation (4):  Porter, Green, Berkowitz, Croft                        
                                                                               
                                                                               
The following fiscal notes apply to CSHB 434(JUD):                             
                                                                               
Fiscal notes (2), Dept. of Health & Social Services, 5/2/98                    
                                                                               
HB 434 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 490                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 490                                                            
"An Act relating to insurance premium taxes."                                 
                                                                               
and recommends it be replaced with:                                            

1998-05-06                     House Journal                      Page 3555
HB 490                                                                       
CS FOR HOUSE BILL NO. 490(FIN)                                                
"An Act relating to insurance premium taxes and to insurance                  
taxes, licenses, or fees imposed by another state or country; and              
providing for an effective date."                                              
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (4): Therriault, Mulder, Martin, Kohring                               
                                                                               
No recommendation (4):  Davies, Grussendorf, Moses, Kelly                      
                                                                               
The following fiscal note applies to CSHB 490(FIN):                            
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 5/2/98                  
                                                                               
HB 490 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
SCR 11                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE CONCURRENT RESOLUTION NO. 11(FIN)                               
Creating the Long-Term Care Task Force.                                       
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (2):  Davies, Grussendorf                                              
                                                                               
Do not pass (1):  Kohring                                                      
                                                                               
No recommendation (4):  Therriault, Mulder, Martin, Davis                      
                                                                               
The following fiscal notes apply:                                              
                                                                               
Senate fiscal note, Legislative Affairs Agency, 3/4/98                         
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
3/4/98                                                                         
Senate zero fiscal note, Office of the Governor, 3/4/98                        

1998-05-06                     House Journal                      Page 3556
SCR 11                                                                       
CSSCR 11(FIN) was referred to the Rules Committee for placement                
on the calendar.                                                               
                                                                               
SB 105                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 105(FIN) am                                            
"An Act relating to legislative and executive branch ethics; relating         
to campaign finances for candidates for state office; relating to the          
conduct and regulation of lobbyists with respect to public officials;          
relating to the filing of disclosures by certain state employees and           
officials; making a conforming amendment to the definition of                  
'public official' for employment security statutes; and providing for          
an effective date."                                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN)                                  
"An Act relating to legislative and executive branch ethics; relating         
to campaign finances for candidates for state or municipal office;             
relating to the conduct and regulation of lobbyists with respect to            
public officials; relating to the filing of disclosures by certain state       
employees and officials; making a conforming amendment to the                  
definition of 'public official' for employment security statutes; and          
providing for an effective date."                                              
(technical title change)                                                      
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (3):  Mulder, Martin, Davies                                           
                                                                               
No recommendation (4):  Therriault, Grussendorf, Davis, Kelly                  
                                                                               
Amend (1): Kohring                                                             
                                                                               
The following fiscal notes apply to HCS CSSB 105(FIN):                         
                                                                               
Fiscal note, Dept. of Administration, 5/6/98                                   
Fiscal note, Dept. of Law, 4/23/98                                             

1998-05-06                     House Journal                      Page 3557
SB 105                                                                       
Zero fiscal note, House Finance Committee/Legislative Affairs Agency,          
5/6/98                                                                         
Zero fiscal note, Dept. of Administration, 5/6/98                              
Zero fiscal note, Select Committee on Legislative Ethics, 4/23/98              
                                                                               
CSSB 105(FIN) am was referred to the Rules Committee for placement             
on the calendar.                                                               
                                                                               
SB 114                                                                       
The Judiciary Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 114(JUD)                                               
"An Act relating to contributions from employee compensation for              
political purposes; and prohibiting certain kinds of discrimination            
against employees for political purposes."                                     
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  Rokeberg                                                         
                                                                               
Do not pass (2):  Croft, Berkowitz                                             
                                                                               
No recommendation (2):  Porter, Green                                          
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Administration, 5/6/98                                   
                                                                               
CSSB 114(JUD) was referred to the Finance Committee.                           
                                                                               
SB 153                                                                       
The Finance Committee has considered:                                          
                                                                               
SENATE BILL NO. 153                                                           
"An Act relating to issuance of special license plates to                     
commemorate the arts."                                                         
                                                                               
and recommends it be replaced with the following committee substitute          
with a new title to be authorized by HCR 36:                                   

1998-05-06                     House Journal                      Page 3558
SB 153                                                                       
HOUSE CS FOR SENATE BILL NO. 153(FIN)                                         
"An Act relating to issuance of special license plates."                      
                                                                               
The report was signed by Representative Mulder, Vice Chair, with the           
following individual recommendations:                                          
                                                                               
Do pass (3):  Mulder, Moses, Davies                                            
                                                                               
Do not pass (2):  Kohring, Davis                                               
                                                                               
No recommendation (1):  Martin                                                 
                                                                               
The following fiscal note applies to HCS SB 153(FIN):                          
                                                                               
Fiscal note, Dept. of Administration, 4/16/98                                  
                                                                               
SB 153 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SB 218                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 218(FIN)                                               
"An Act relating to the crimes of murder, manslaughter, and                   
criminally negligent homicide; relating to homicides of children;              
and relating to the crime of interference with custody of a child or           
incompetent person."                                                           
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN)                                  
(same title)                                                                  
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (8): Therriault, Mulder, Kohring, Martin, Davies, Grussendorf,         
Moses, Kelly                                                                   

1998-05-06                     House Journal                      Page 3559
SB 218                                                                       
The following fiscal notes apply to HCS CSSB 218(FIN):                         
                                                                               
Senate indeterminate fiscal note, Dept. of Administration, 2/12/98             
Senate zero fiscal note, Dept. of Corrections, 2/12/98                         
Senate zero fiscal note, Dept. of Labor, 2/12/98                               
                                                                               
CSSB 218(FIN) was referred to the Rules Committee for placement on             
the calendar.                                                                  
                                                                               
                                                                               
SB 232                                                                       
The Judiciary Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 232(JUD)                                               
"An Act relating to electronic signatures, electronic records,                
requirements for records, and the reproduction of public records."             
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Porter, James, Berkowitz                                         
                                                                               
No recommendation (1):  Green                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Office of the Governor/All Depts., 4/1/98             
                                                                               
CSSB 232(JUD) was referred to the Rules Committee for placement                
on the calendar.                                                               
                                                                               
                                                                               
SB 254                                                                       
The Judiciary Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 254(FIN)                                               
"An Act relating to the exemption from levy, execution,                       
garnishment, attachment, or other remedy for the collection of debt            
as applied to a permanent fund dividend."                                      
                                                                               

1998-05-06                     House Journal                      Page 3560
SB 254                                                                       
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Rokeberg, Croft, Porter, Green, James                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Revenue, 3/12/98                             
                                                                               
CSSB 254(FIN) was referred to the Rules Committee for placement on             
the calendar.                                                                  
                                                                               
                                                                               
SB 281                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 281(RES)                                               
"An Act relating to general grant land entitlements for the City              
and Borough of Yakutat; and providing for an effective date."                  
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 281(CRA)                                  
(same title)                                                                  
                                                                               
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (6):  Mulder, Kohring, Davies, Moses, Davis, Kelly                     
                                                                               
No recommendation (2):  Therriault, Martin                                     
                                                                               
                                                                               
The following fiscal note applies to HCS CSSB 281(CRA):                        
                                                                               
Senate fiscal note, Dept. of Natural Resources, 4/17/98                        
                                                                               
CSSB 281(RES) was referred to the Rules Committee for placement                
on the calendar.                                                               

1998-05-06                     House Journal                      Page 3561
SB 329                                                                       
The Judiciary Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 329(JUD) am                                            
"An Act relating to the regulation authority, exemptions, and                 
definitions of the Alaska Business License Act."                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 329(JUD)                                  
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Rokeberg, Croft, Porter, Green, James                            
                                                                               
The following fiscal note applies to HCS CSSB 329(JUD):                        
                                                                               
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
3/18/98                                                                        
                                                                               
CSSB 329(JUD) am was referred to the Rules Committee for                       
placement on the calendar.                                                     
                                                                               
**The presence of Representative Vezey was noted.                              
                                                                               
                                                                               
SB 336                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 336(L&C)                                               
"An Act relating to excluding professional hockey team members                
from workers' compensation coverage."                                          
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (3):  Mulder, Kohring, Davies                                          
                                                                               
No recommendation (5):  Therriault, Martin, Grussendorf, Davis, Kelly          

1998-05-06                     House Journal                      Page 3562
SB 336                                                                       
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Labor, 3/23/98                               
                                                                               
CSSB 336(L&C) 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 - Earl Samuelson                                                      
By Representative Ivan                                                         
                                                                               
Honoring - Nulato Wolves Girls' Basketball Team, Class 2-A Fifth               
Place Champions                                                                
By Representative Nicholia; Senator Lincoln                                    
                                                                               
Honoring - Mathea and Jack Doyle, 50th Wedding Anniversary                     
By Representative Cowdery                                                      
                                                                               
Honoring - Glennallen Elementary Students, 1998 Battle of the Books            
State Champions                                                                
By Senator Lincoln; Representatives Kubina, Nicholia                           
                                                                               
In Memoriam - Jimmy Malamute, Sr.                                              
By Representative Bunde                                                        
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 36                                                                       
HOUSE CONCURRENT RESOLUTION NO. 36 by the House                                
Finance Committee:                                                             
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the                   
Alaska State Legislature concerning Senate Bill No. 153, relating              
to special request motor vehicle license plates to commemorate the             
arts.                                                                          

1998-05-06                     House Journal                      Page 3563
HCR 36                                                                       
was read the first time and referred to the Rules Committee for                
placement on the calendar.                                                     
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 257                                                                       
The following was read the second time:                                        
                                                                               
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."                                            
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) NT 2DP 3NR                                      3195         
	FISCAL NOTE (GOV)                                                3196         
	STA CMTE SUBMITTED CORRECTED CS                                  3230         
	FIN RPT  CS(FIN) NT 5DP  1NR                                     3550         
	FISCAL NOTE (GOV)                                                3551         
                                                                               
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. 257(FIN)                                                
"An Act relating to elections, to voter registration, and to                  
candidates for election; and providing for an effective date."                 
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Mulder:                          
                                                                               
Page 1, line 1, following "elections," (title amendment):                    
	Insert "to election officials and election workers,"                        

1998-05-06                     House Journal                      Page 3564
HB 257                                                                       
Page 7, following line 22:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 13.  AS 23.20.526(d) is amended to read:                          
	(d)  For the purposes of AS23.20.525(a)(4) - (6) and (14), the               
term "employment" does not apply to service performed                          
		(1)  by a duly ordained, commissioned, or licensed                          
minister of a church in the exercise of the persons ministry or by             
a member of a religious order in the exercise of duties required by            
the order;                                                                     
		(2)  in a facility conducted for the purpose of carrying out                
a program of rehabilitation for individuals whose earning capacity             
is impaired by age or physical or mental deficiency or injury or               
providing remunerative work for individuals who, because of their              
impaired physical or mental capacity, cannot be readily absorbed               
in the competitive labor market by an individual receiving the                 
rehabilitation or remunerative work;                                           
		(3)  as part of an unemployment work-relief or work-                        
training program assisted or financed in whole or in part by any               
federal agency or any agency of a state or political subdivision of            
the state, by an individual receiving work relief or work training;            
		(4)  for a state hospital by an inmate of a prison or                       
correctional institution;                                                      
		(5)  in the employ of a school, college, or university ¦,á if               
the service is performed by a student who is enrolled and is                   
regularly attending classes at the school, college, or university;             
		(6)  by an individual under the age of 22 who is enrolled                   
at a nonprofit or public educational institution that ¦WHICHá              
normally maintains a regular faculty and curriculum and normally               
has a regularly organized body of students in attendance at the                
place where its educational activities are carried on as a student in          
a full-time program, taken for credit at the institution, which                
combines academic instruction with work experience ¦,á if the                  
service is an integral part of the program ¦,á and the institution has         
so certified to the employer, except that this paragraph does not              
apply to service performed in a program established for or on                  
behalf of an employer or group of employers;                                   
		(7)  in the employ of a hospital ¦,á if the service is                      
performed by a patient of the hospital, as defined in AS 23.20.520;            
                                                                               

1998-05-06                     House Journal                      Page 3565
HB 257                                                                       
		(8)  in the employ of the state or a political subdivision of               
the state if the service is performed by an individual in the                  
exercise of duties                                                             
		(A)  as a "public official" as defined in                                  
AS39.50.200(a), any other elected official, the fiscal analyst                 
of the legislative finance division, the legislative auditor of the            
legislative audit division, the executive director of the                      
Legislative Affairs Agency, and the directors of the divisions                 
within the Legislative Affairs Agency;                                         
		(B)  as a member of the Alaska Army National Guard                         
or Alaska Air National Guard or Alaska Naval Militia; ¦ORá                     
		(C)  as an employee serving on only a temporary                            
basis in case of fire, storm, snow, earthquake, flood, or similar              
emergency; or                                                              
		(D)  as an election official or election worker if the                   
amount of remuneration received by the individual during                       
the calendar year for services as an election official or                      
election worker is less than $1,000;                                         
		(9)  in the employ of                                                       
		(A)  a church or a convention or association of                            
churches; or                                                                   
		(B)  an organization which is operated primarily for                       
religious purposes and which is operated, supervised,                          
controlled, or principally supported by a church or a                          
convention or association of churches."                                        
                                                                               
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               
Representative Mulder moved and asked unanimous consent that                   
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered and the new title appears below:                                       
                                                                               
CS FOR HOUSE BILL NO. 257(FIN) am                                             
"An Act relating to elections, to election officials and election             
workers, to voter registration, and to candidates for election; and            
providing for an effective date."                                              
                                                                               
                                                                               

1998-05-06                     House Journal                      Page 3566
HB 257                                                                       
Amendment No. 2 was offered  by Representative Rokeberg:                        
                                                                               
Page 7, lines 19 - 22:                                                         
	Delete all material.                                                          
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 2 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
Representative Rokeberg moved and asked unanimous consent to                   
withdraw Amendment No. 2.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Rokeberg:                        
                                                                               
Page 7, line 22, following "candidate.":                                       
	Insert "All photographs shall be printed in black and white."             
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Davies objected.                                                
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 257(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  19   NAYS:  13   EXCUSED:  2   ABSENT:  6                             
                                                                               
Yeas:  Austerman, Brice, Davis, Dyson, Hudson, Ivan, James, Kelly,             
Kohring, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Rokeberg,            
Ryan, Sanders, Vezey                                                           
                                                                               

1998-05-06                     House Journal                      Page 3567
HB 257                                                                       
Nays:  Berkowitz, Bunde, Croft, Davies, Elton, Green, Grussendorf,             
Hodgins, Joule, Kemplen, Kubina, Moses, Porter                                 
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
Absent:  Cowdery, Foster, Hanley, Kott, Therriault, Williams                   
                                                                               
And so, Amendment No. 3 was adopted.                                           
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
257(FIN) am  be considered engrossed, advanced to third reading and            
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 257(FIN) am was read the third time.                                      
                                                                               
**The presence of Representative Williams was noted.                           
                                                                               
                                                                               
The question being:  "Shall CSHB 257(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 257(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  33   NAYS:  1   EXCUSED:  2   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis,               
Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan,               
James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek,            
Moses, Mulder, Nicholia, Phillips, Porter, Ryan, Sanders, Vezey,               
Williams                                                                       
                                                                               
Nays:  Rokeberg                                                                
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
Absent:  Cowdery, Hanley, Ogan, Therriault                                     
                                                                               
And so, CSHB 257(FIN) am passed the House.                                     
                                                                               

1998-05-06                     House Journal                      Page 3568
HB 257                                                                       
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 257(FIN) am was referred to the Chief Clerk for engrossment.              
                                                                               
                                                                               
HB 369                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 369                                                            
"An Act relating to Medicaid coverage for certain eligible children           
and pregnant women; relating to primary care case management                   
and managed care services as optional services and to premiums                 
and cost-sharing contributions under the Medicaid program;                     
establishing the Healthy Families Alaska program; and providing                
for an effective date."                                                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NT 2DP 2AM                                      2939         
	4 FISCAL NOTES (DHSS)                                            2939         
	FIN RPT  CS(FIN) NT 5DP 3NR                                      3238         
	4 FISCAL NOTES (DHSS) 4/9/98                                     3239         
                                                                               
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. 369(FIN)                                                
"An Act relating to Medicaid coverage for certain eligible                    
children; relating to primary care case management and managed                 
care services as optional services under the Medicaid program;                 
relating to premiums and cost-sharing contributions under the                  
Medicaid program; and providing for an effective date."                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representatives Kubina and Bunde:               
                                                                               
Page 1, line 1, following "children" (title amendment):                      
	Insert "and pregnant women"                                                 

1998-05-06                     House Journal                      Page 3569
HB 369                                                                       
Page 1, following line 10:                                                     
	 Insert a new paragraph to read:                                              
		"(13)  pregnant women who are not covered under (a) of                      
this section and whose household income does not exceed 200                    
percent of the federal poverty line as defined by the federal office           
of management and budget and revised under 42 U.S.C. 9902(2)."                 
                                                                               
Page 1, line 6:                                                                
	Delete "a new paragraph"                                                      
	Insert "new paragraphs"                                                       
                                                                               
Page 1, line 10, following "42 U.S.C. 9902(2).":                               
	Delete "."                                                                    
	Insert ";"                                                                    
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
Representative Kelly placed a call of the House.                               
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
The Speaker stated the call was satisfied.                                     
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 369(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  22   NAYS:  16   EXCUSED:  2   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster,           
Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kubina, Masek,               
Moses, Nicholia, Phillips, Porter, Rokeberg, Williams                          
                                                                               

1998-05-06                     House Journal                      Page 3570
HB 369                                                                       
Nays:  Austerman, Cowdery, Dyson, Green, Hanley, Hodgins, Kelly,               
Kohring, Kott, Martin, Mulder, Ogan, Ryan, Sanders, Therriault, Vezey          
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
And so, Amendment No. 1 was adopted and the new title appears                  
below:                                                                         
                                                                               
CS FOR HOUSE BILL NO. 369(FIN) am                                             
"An Act relating to Medicaid coverage for certain eligible children           
and pregnant women; relating to primary care case management                   
and managed care services as optional services under the Medicaid              
program; relating to premiums and cost-sharing contributions                   
under the Medicaid program; and providing for an effective date."              
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
369(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.                                                       
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
CSHB 369(FIN) am was advanced to third reading.                                
                                                                               
CSHB 369(FIN) am was read the third time.                                      
                                                                               
The question being:  "Shall CSHB 369(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 369(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  23   NAYS:  13   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis,               
Elton, Foster, Grussendorf, Hudson, Ivan, Joule, Kelly, Kemplen,               
Kubina, Masek, Moses, Nicholia, Phillips, Porter, Rokeberg, Williams           
                                                                               
Nays:  Cowdery, Dyson, Green, Hanley, Hodgins, Kohring, Kott,                  
Martin, Mulder, Ogan, Ryan, Sanders, Vezey                                     
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               

1998-05-06                     House Journal                      Page 3571
HB 369                                                                       
Absent:  James, Therriault                                                     
                                                                               
And so, CSHB 369(FIN) am passed the House.                                     
                                                                               
                                                                               
Representative Porter moved the effective date clause.                         
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
CSHB 369(FIN) am                                                               
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  30   NAYS:  6   EXCUSED:  2   ABSENT:  2                              
                                                                               
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Moses,               
Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams                         
                                                                               
Nays:  Dyson, Kohring, Ogan, Ryan, Sanders, Vezey                              
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
Absent:  James, Therriault                                                     
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following Letter of Intent for CSHB 369(FIN) am be adopted:                    
                                                                               
                                                                               
"It is the intent of the legislature that funds expended for expansion of      
coverage for pregnant women under this Act will not be used for                
funding abortions except as required under the Hyde amendment."                
                                                                               
                                                                               
The question being:  "Shall the Letter of Intent for CSHB 369(FIN) am          
be adopted?"  The roll was taken with the following result:                    

1998-05-06                     House Journal                      Page 3572
HB 369                                                                       
                                                                               
CSHB 369(FIN) am                                                               
Third Reading                                                                  
Letter of Intent                                                               
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins,              
Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin,            
Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg,              
Ryan, Sanders, Vezey, Williams                                                 
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
Absent:  James, Therriault                                                     
                                                                               
And so, the House Letter of Intent was adopted.                                
                                                                               
Representative Mulder gave notice of reconsideration of his vote on            
CSHB 369(FIN) am.                                                              
                                                                               
                                                                               
HB 375                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 375                                                            
"An Act relating to children in need of aid matters and                       
proceedings; relating to murder of children, criminally negligent              
homicide, kidnapping, criminal nonsupport, the crime of indecent               
exposure, and the crime of endangering the welfare of a child;                 
relating to registration of certain sex offenders; relating to                 
sentencing for certain crimes involving child victims; relating to             
the state medical examiner and reviews of child fatalities; relating           
to teacher certification and convictions of crimes involving child             
victims; relating to access, confidentiality, and release of certain           
information concerning the care of children, child abuse and                   
neglect, and child fatalities; authorizing the Department of Health            
and Social Services to enter into an interstate compact concerning             
adoption and medical assistance for certain children with special              
needs; authorizing the establishment of a multidisciplinary child              
protection  team  to  review  reports  of  child  abuse  or neglect;           

1998-05-06                     House Journal                      Page 3573
HB 375                                                                       
 relating to immunity from liability for certain state actions                
concerning matters involving child protection and fatality reviews             
and children in need of aid; relating to persons required to report            
suspected child abuse or neglect; relating to foster care placement            
and to payment for children in foster and other care and the waiver            
of certain foster care requirements; relating to the access to certain         
criminal justice information and licensure of certain child care               
facilities; amending Rule 218, Alaska Rules of Appellate                       
Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in                
Need of Aid Rules; and providing for an effective date."                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NT 5DP                                          2898         
	3 FNS (COR, DHSS, COURT)                                         2900         
	INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98                          2900         
	JUD RPT  CS(JUD) NT 1DP 1NR 2AM                                  3275         
	3 FNS (COR, DHSS, COURT) 4/7/98                                  3277         
	INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98                          3277         
	FIN RPT  CS(FIN) NT 2DP 1DNP 4NR                                 3552         
	3 FNS (COR, DHSS, COURT) 4/7/98                                  3553         
	INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98                          3553         
                                                                               
                                                                               
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. 375(FIN)                                                
"An Act relating to children-in-need-of-aid matters and                       
proceedings; relating to child abuse and neglect; relating to                  
kidnapping and the crime of endangering the welfare of a child;                
relating to sentencing for certain crimes; relating to the state               
medical examiner and reviews of child fatalities; relating to                  
teacher certification and convictions of crimes involving child                
victims; relating to access to, confidentiality of, and release of             
certain information concerning children, child abuse and neglect,              
and child fatalities; authorizing the Department of Health and                 
Social Services to enter into an interstate compact concerning                 
adoption and medical assistance for certain children with special              
needs; relating to the review of cases involving certain children              
who are in the custody of the state; authorizing the establishment             

1998-05-06                     House Journal                      Page 3574
HB 375                                                                       
of multidisciplinary child protection teams and relating to their             
duties; relating to persons required to report suspected child abuse           
or neglect; relating to foster care and foster parents; relating to            
access to certain criminal justice information and licensure of                
certain child care facilities; amending Rule 218, Alaska Rules of              
Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and              
22, Alaska Child in Need of Aid Rules."                                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Ogan:                            
                                                                               
Page 1, line 5, following "victims;"(title amendment):                       
	Insert "relating to modification of child support orders by the              
child support enforcement agency;"                                            
                                                                               
Page 14, following line 9:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 15.  AS25.27 is amended by adding a new section to read:          
	Sec. 25.27.194.  Processing time for modification of support                
orders.  The agency shall use its best efforts to process                     
modifications of support orders under AS 25.27.190 and 25.27.193               
in a manner that will result in the same average processing time               
for modifications that increase obligors' responsibilities as for              
modifications that decrease obligors' responsibilities."                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Renumber internal references to bill sections in accordance with this          
amendment.  Below are all internal bill section references in this bill:       
                                                                               
	Page 55, line 8                                                               
	Page 55, line 11                                                              
	Page 55, line 14                                                              
	Page 55, line 17                                                              
	Page 55, line 19                                                              
	Page 55, line 26                                                              
	Page 55, line 31                                                              
	Page 56, line 8                                                               
	Page 56, line 11                                                              

1998-05-06                     House Journal                      Page 3575
HB 375                                                                       
	Page 56, line 13                                                              
	Page 56, line 14                                                              
	Page 56, line 17                                                              
	Page 56, line 20                                                              
	Page 56, line 26                                                              
	Page 56, line 29                                                              
	Page 57, line 5                                                               
	Page 57, line 8                                                               
	Page 57, line 9                                                               
	Page 57, line 12                                                              
	Page 57, line 19                                                              
	Page 58, line 2                                                               
	Page 58, line 5                                                               
	Page 58, line 10                                                              
	Page 58, line 13                                                              
                                                                               
Representative Ogan moved and asked unanimous consent that                     
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kubina objected and withdrew the objection.  There              
being no further objection, Amendment No. 1 was adopted and the                
new title appears below:                                                       
                                                                               
CS FOR HOUSE BILL NO. 375(FIN) am                                             
"An Act relating to children-in-need-of-aid matters and                       
proceedings; relating to child abuse and neglect; relating to                  
kidnapping and the crime of endangering the welfare of a child;                
relating to sentencing for certain crimes; relating to the state               
medical examiner and reviews of child fatalities; relating to                  
teacher certification and convictions of crimes involving child                
victims; relating to modification of child support orders by the               
child support enforcement agency; relating to access to,                       
confidentiality of, and release of certain information concerning              
children, child abuse and neglect, and child fatalities; authorizing           
the Department of Health and Social Services to enter into an                  
interstate compact concerning adoption and medical assistance for              
certain children with special needs; relating to the review of cases           
involving certain children who are in the custody of the state;                
authorizing the establishment of multidisciplinary child protection            
teams and relating to their duties; relating to persons required to            
report suspected child abuse or neglect; relating to foster care and           

1998-05-06                     House Journal                      Page 3576
HB 375                                                                       
 foster parents; relating to access to certain criminal justice               
information and licensure of certain child care facilities; amending           
Rule 218, Alaska Rules of Appellate Procedure; and amending                    
Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid                
Rules."                                                                        
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Davies:                          
                                                                               
Page 2, line 3, following "facilities;"(title amendment):                    
	Insert "relating to determinations of child custody and visitation           
in situations involving domestic violence;"                                   
                                                                               
Page 13, line 27:                                                              
	Insert new bill sections to read:                                             
"* Sec. ____  AS 25.20.061 is amended to read:                               
	Sec. 25.20.061.  Presumptions ¦VISITATIONá in                             
proceedings involving domestic violence.  (a)  If the court finds           
by a preponderance of the evidence that domestic violence as                   
defined in AS 18.66.990(3)(A) has occurred, rebuttable                         
presumptions arise that it is                                                  
		(1)  detrimental to the child and not in the best interest                  
of the child to be placed in sole custody, joint legal custody, or             
joint physical custody with the perpetrator of the domestic                    
violence; and                                                                  
		(2)  in the best interest of the child to reside with the                   
parent who is not a perpetrator of domestic violence in a                      
location of that parents choice, inside or outside the state.                  
	(b)  In addition to the rebuttable presumptions that a court                 
must consider under (a) of this section, if the court finds that               
domestic violence has occurred, the court shall consider the                   
following factors in making an award of child custody:                         
		(1)  the safety and well-being of the child or of the                       
parent who is the victim of domestic violence;                                 
		(2)  the perpetrators history of causing physical harm,                     
bodily injury, or assault, or of causing reasonable fear of                    
physical harm, bodily injury, or assault to another person.                    
	(c)  If a parent is absent or relocates because of an act of                 
domestic violence by the other parent, the court may not                       
consider the absence or relocation as a factor against that                    
parent in determining custody.                                                 

1998-05-06                     House Journal                      Page 3577HB 375                                                                       
	(d)  The court may award ¦IFá visitation ¦IS AWARDEDá to                   
a parent who has committed a crime involving domestic violence,                
against the other parent or a child of the two parents, only if the          
court finds the safety of the child and the other parent can be                
protected.                                                                     
	(e)  If visitation is awarded under (d) of this section                    
[WITHIN THE FIVE YEARS PRECEDING THE AWARD OF                                  
VISITATIONá, the court may set conditions for the visitation,                  
including the following:                                                   
		(1)  the transfer of the child for visitation must occur in                 
a protected setting;                                                           
		(2)  visitation shall be supervised by another person or                    
agency and under specified conditions as ordered by the court;                 
		(3)  the perpetrator shall attend and complete, to the                      
satisfaction of the court, a program for the rehabilitation of                 
perpetrators of domestic violence that meets the standards set by              
the Department of Corrections under AS 44.28.020(b), or other                  
counseling; the perpetrator shall be required to pay the costs of the          
program or other counseling;                                                   
		(4)  the perpetrator shall abstain from possession or                       
consumption of alcohol or controlled substances during the                     
visitation and for 24 hours before visitation;                                 
		(5)  the perpetrator shall pay costs of supervised visitation               
as set by the court;                                                           
		(6)  the prohibition of overnight visitation;                               
		(7)  the perpetrator shall post a bond to the court for the                 
return and safety of the child; and                                            
		(8)  any other condition necessary for the safety of the                    
child, the other parent, or other household member.                            
* Sec. ___  AS25.20.070 is amended to read:                                  
	Sec. 25.20.070.  Temporary custody of the child.  Unless it                
is shown to be detrimental to the welfare of the child or the court          
determines that domestic violence has occurred, the child shall              
have, to the greatest degree practical, equal access to both parents           
during the time that the court considers an award of custody under             
AS 25.20.060 - 25.20.130.                                                      
* Sec. ____  AS25.20.090 is amended to read:                                 
	Sec. 25.20.090.  Factors for consideration in awarding                      
shared child custody.  In determining whether to award shared                 
custody of a child the court shall consider                                    
		(1)  presumptions under AS25.20.061;                                    

1998-05-06                     House Journal                      Page 3578
HB 375                                                                       
		(2)  the childs preference if the child is of sufficient age            
and capacity to form a preference;                                             
		(3) ¦(2)á  the needs of the child;                                      
		(4) ¦(3)á  the stability of the home environment likely to              
be offered by each parent;                                                     
		(5) ¦(4)á  the education of the child;                                  
		(6) ¦(5)á  the advantages of keeping the child in the                   
community where the child presently resides;                                   
		(7) ¦(6)á  the optimal time for the child to spend with each            
parent considering                                                             
		(A)  the actual time spent with each parent;                               
		(B)  the proximity of each parent to the other and to                      
the school in which the child is enrolled;                                     
		(C)  the feasibility of travel between the parents;                        
		(D)  special needs unique to the child that may be                         
better met by one parent than the other;                                       
		(E)  which parent is more likely to encourage frequent                     
and continuing contact with the other parent;                                  
		(8) ¦(7)á  any findings and recommendations of a neutral                
mediator;                                                                      
		(9) ¦(8)á  any evidence of domestic violence, child abuse,              
or child neglect in the proposed custodial household or a history              
of violence between the parents;                                               
		(10) ¦(9)á  evidence that substance abuse by either parent              
or other members of the household directly affects the emotional               
or physical well-being of the child;                                           
		(11) ¦(10)á  other factors the court considers pertinent."              
                                                                               
Renumber the remaining bill sections according.                                
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Dyson objected.                                                 
                                                                               
Representative Bunde placed a call of the House.                               
                                                                               
                                                                               
Amendment to Amendment No. 2 was offered  by Representative                     
Porter:                                                                        
                                                                               

1998-05-06                     House Journal                      Page 3579
HB 375                                                                       
Under Sec. 25.20.061(d), following "parent can be":                        
	Insert "reasonably"                                                       
                                                                               
Representative Porter moved and asked unanimous consent that the               
amendment to Amendment No. 2 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
Representative Bunde lifted the call.                                          
                                                                               
Representative Davies moved and asked unanimous consent to                     
withdraw Amendment No. 2, as amended.  There being no objection,               
it was so ordered.                                                             
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
375(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
The Speaker stated that, without objection, the third reading of CSHB
375(FIN) am would be waived.                                                   
                                                                               
The question being:  "Shall CSHB 375(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 375(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  35   NAYS:  1   EXCUSED:  2   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson,              
Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek,               
Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan,               
Sanders, Vezey, Williams                                                       
                                                                               
Nays:  Kohring                                                                 
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
Absent:  Hanley, Therriault                                                    
                                                                               
And so, CSHB 375(FIN) am passed the House.                                     

1998-05-06                     House Journal                      Page 3580
HB 375                                                                       
Representative Porter moved and asked unanimous consent that the roll          
call on the passage of the bill be considered the roll call on the court       
rule changes.  There being no objection, it was so ordered.                    
                                                                               
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 375(FIN) am was referred to the Chief Clerk for engrossment.              
                                                                               
The Speaker stated that, without objection, the House would recess             
until 2:00 p.m.; and so, the House recessed at 1:32 p.m.                       
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 2:20 p.m.                        
                                                                               
A second quorum call showed 24 members present.                                
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 285                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 285                                                           
"An Act relating to state procurement practices."                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT HCS(FIN) 4DP 1DNP 2AM                                    3397         
	2 SENATE ZERO FNS (DOT, DCED) 2/26/98                            3398         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR SENATE BILL NO. 285(FIN)                                         
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   

1998-05-06                     House Journal                      Page 3581
SB 285                                                                       
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 2, lines 6 and 7, following "signalization":                              
	Insert "and flagging"                                                         
                                                                               
Representative Kelly moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
SB 285(FIN) am H be considered engrossed, advanced to third reading            
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
HCS SB 285(FIN) am H was read the third time.                                  
                                                                               
Representative Kelly placed a call of the House and lifted the call.           
                                                                               
The question being:  "Shall HCS SB 285(FIN) am H pass the House?"              
The roll was taken with the following result:                                  
                                                                               
HCS SB 285(FIN) am H                                                           
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  23   NAYS:  11   EXCUSED:  2   ABSENT:  4                             
                                                                               
Yeas:  Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green,                 
Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kubina, Martin,           
Masek, Ogan, Phillips, Porter, Rokeberg, Ryan, Williams                        
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kott, Mulder, Nicholia, Sanders                                                
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
Absent:  Hanley, Moses, Therriault, Vezey                                      
                                                                               
And so, HCS SB 285(FIN) am H passed the House.                                 
                                                                               
Representative Davies gave notice of reconsideration of his vote on            
HCS SB 285(FIN) am H.                                                          

1998-05-06                     House Journal                      Page 3582
SB 330                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 330(RES)                                               
"An Act relating to locations of underground facilities and                   
excavations in the area of underground facilities."                            
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT HCS(RES) 1DP 6NR                                         3242         
	SENATE ZERO FISCAL NOTE (DCED) 4/8/98                            3242         
	SENATE ZERO FISCAL NOTE (S.L&C) 3/23/98                          3242         
	L&C RPT HCS(RES) 2DP 2NR                                         3469         
	SENATE ZERO FISCAL NOTE (DCED) 4/8/98                            3469         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 330(RES)                                  
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representatives Rokeberg and Kott:              
                                                                               
Page 4, line 23, following "(a)":                                              
	Delete "A"                                                                    
	Insert "In addition to all other remedies provided by law, a"                 
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 1 was adopted.                                                   
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
CSSB 330(RES) am H be considered engrossed, advanced to third                  
reading and placed on final passage.                                           
                                                                               
Representative Vezey objected.                                                 
                                                                               

1998-05-06                     House Journal                      Page 3583
SB 330                                                                       
The question being:  "Shall HCS CSSB 330(RES) am H be advanced                 
to third reading on the same day?"  The roll was taken with the                
following result:                                                              
                                                                               
HCS CSSB 330(RES) am H                                                         
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  34   NAYS:  2   EXCUSED:  2   ABSENT:  2                              
                                                                               
                                                                               
Yeas:  Austerman, Brice, Bunde, Cowdery, Croft, Davies, Davis,                 
Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan,               
James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek,            
Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan,               
Sanders, Williams                                                              
                                                                               
Nays:  Berkowitz, Vezey                                                        
                                                                               
Excused:  Barnes, Kookesh                                                      
                                                                               
Absent:  Hanley, Therriault                                                    
                                                                               
And so, the motion passed.                                                     
                                                                               
HCS CSSB 330(RES) am H was read the third time.                                
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 330(RES) am H pass the                    
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 330(RES) am H                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  21   NAYS:  16   EXCUSED:  1   ABSENT:  2                             
                                                                               
Yeas:  Austerman, Barnes, Brice, Cowdery, Croft, Davis, Foster,                
Green, Hodgins, Hudson, Ivan, Joule, Kott, Martin, Masek, Mulder,              
Phillips, Porter, Rokeberg, Sanders, Williams                                  
                                                                               

1998-05-06                     House Journal                      Page 3584
SB 330                                                                       
Nays:  Berkowitz, Bunde, Davies, Dyson, Elton, Grussendorf, James,             
Kelly, Kemplen, Kohring, Kubina, Moses, Nicholia, Ogan, Ryan,                  
Vezey                                                                          
                                                                               
Excused:  Kookesh                                                              
                                                                               
Absent:  Hanley, Therriault                                                    
                                                                               
And so, HCS CSSB 330(RES) am H passed the House.                               
                                                                               
Representative Berkowitz gave notice of reconsideration of his vote on         
HCS CSSB 330(RES) am H.                                                        
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 250                                                                       
The following, which was advanced to third reading from the May5,              
1998 calendar (page 3529) was read the third time:                             
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN)                                  
"An Act relating to management of game, to the fish and game                  
fund and federal aid for restoration of wildlife and fish, and to the          
duties of the commissioner of fish and game; and providing for an              
effective date."                                                               
                                                                               
The question being:  "Shall HCS CSSB 250(FIN) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 250(FIN)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  26   NAYS:  10   EXCUSED:  1   ABSENT:  3                             
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson,                 
Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Martin,           
Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,                
Vezey, Williams                                                                
                                                                               
Nays:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kubina, Moses, Nicholia                                                        

1998-05-06                     House Journal                      Page 3585
SB 250                                                                       
Excused:  Kookesh                                                              
                                                                               
Absent:  Hanley, Kott, Therriault                                              
                                                                               
And so, HCS CSSB 250(FIN) passed the House.                                    
                                                                               
                                                                               
Representative Porter moved the effective date clause.                         
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
HCS CSSB 250(FIN)                                                              
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  30   NAYS:  7   EXCUSED:  1   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Croft, Davies, Davis,                
Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring,            
Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders, Vezey, Williams                                       
                                                                               
Nays:  Berkowitz, Brice, Elton, Grussendorf, Joule, Kemplen, Nicholia          
                                                                               
Excused:  Kookesh                                                              
                                                                               
Absent:  Hanley, Therriault                                                    
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
                                                                               
Representative Berkowitz gave notice of reconsideration of  his vote           
on HCS CSSB 250(FIN).                                                          
                                                                               
                                                                               
                            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:                   
                                                                               

1998-05-06                     House Journal                      Page 3586
Honoring - Valdez High School, Academic Decathlon Champions, and               
Kim Mackey, Academic Decathlon Coach of the Year                               
By Representatives Kubina, Berkowitz, Brice, Bunde, Croft, Davies,             
Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule,          
Kelly, Kemplen, Kohring, Kott, Mulder, Nicholia, Ogan, Porter,                 
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Lincoln          
                                                                               
Honoring - Billy Parks                                                         
By Representatives Green, Phillips, Berkowitz, Brice, Croft, Davies,           
Davis, Dyson, Elton, Grussendorf, Hudson, James, Joule, Kelly,                 
Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg,               
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
                                                                               
Honoring - Native Science Fair Participants                                    
By Representatives Joule, Phillips, Austerman, Berkowitz, Brice,               
Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf,         
Hanley, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina,            
Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams; Senator Adams                                                 
                                                                               
Honoring - Robert "Big Bob" Aiken                                              
By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies,           
Davis, Elton, Foster, Grussendorf, Hudson, James, Kelly, Kemplen,              
Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                  
Sanders, Vezey, Williams; Senator Adams                                        
                                                                               
                                                                               
Honoring - Larry Holmes                                                        
By Representatives Bunde, Phillips, Berkowitz, Brice, Croft, Davies,           
Davis, Dyson, Elton, Grussendorf, Hudson, James, Joule, Kelly,                 
Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan,               
Sanders, Therriault, Vezey, Williams                                           
                                                                               
                                                                               
Honoring - Tanana Wolves Boys Basketball Team, Class 2A Third                  
Place Champions                                                                
By Representatives Nicholia, Berkowitz, Brice, Croft, Davies, Elton,           
Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen,                
Kohring, Kott, Kubina, Ogan, Porter, Rokeberg, Ryan, Sanders,                  
Therriault, Vezey, Williams; Senator Lincoln                                   
                                                                               

1998-05-06                     House Journal                      Page 3587
In Memoriam - Dorothy I. Clifton, Grand Dame of Valdez                         
By Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies,          
Davis, Elton, Foster, Green, Grussendorf, Hudson, James, Joule, Kelly,         
Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey, Williams; Senator Lincoln                          
                                                                               
                                                                               
In Memoriam - Marie Wood                                                       
By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies,           
Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly,                 
Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg,               
Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams                      
                                                                               
                                                                               
In Memoriam - Mike Harr                                                        
By Representatives Kelly, Phillips, Berkowitz, Brice, Croft, Davies,           
Davis, Elton, Foster, Grussendorf, Hudson, James, Joule, Kemplen,              
Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,           
Sanders, Therriault, Vezey, Williams                                           
                                                                               
                                                                               
In Memoriam - Nancy Kingsbury                                                  
By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davies,           
Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly,          
Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter,                  
Rokeberg, Ryan, Sanders, Therriault, Williams                                  
                                                                               
                                                                               
In Memoriam - Angelika "Angie" Dawn Gardner                                    
By Senators Halford, Phillips; Representatives Dyson, Phillips,                
Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf,            
Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina,             
Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders,                
Therriault, Vezey, Williams                                                    
                                                                               
                                                                               
In Memoriam - Edward W. "Ted" Wilson                                           
By Senators Halford, Phillips; Representatives Dyson, Phillips,                
Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf,            
Hudson, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek,            
Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                

1998-05-06                     House Journal                      Page 3588
                             UNFINISHED BUSINESS                             
                                                                               
Pursuant to AS 24.55.020 the Speaker made the following                        
appointments to the ombudsman selection committee:                             
                                                                               
Representative James, Co-chair                                                 
Representative Kubina                                                          
Representative Phillips                                                        
                                                                               
                                                                               
HB 434                                                                       
The Speaker added a Finance Committee referral to the following:               
                                                                               
HOUSE BILL NO. 434                                                            
"An Act requiring drug testing for applicants for and recipients of           
assistance under the Alaska temporary assistance program; and                  
providing for an effective date."                                              
                                                                               
HB 434 was removed from the Rules Committee and referred to the                
Finance Committee.                                                             
                                                                               
                                                                               
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 193                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 3549) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 193(FIN) am                                             
"An Act relating to financial assistance for students attending               
certain graduate education programs; and providing for an                      
effective date."                                                               
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN)                                  
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               

1998-05-06                     House Journal                      Page 3589
HB 193                                                                       
Representative Porter moved that the House concur in the Senate                
amendment to CSHB 193(FIN) am, thus adopting SCS CSHB
193(FIN), and recommended that the members vote yes.                           
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 193(FIN) am?"  The roll was taken with the following result:           
                                                                               
SCS CSHB 193(FIN)                                                              
Concur                                                                         
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  1   ABSENT:  7                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Hudson, Ivan, James,               
Joule, Kemplen, Kohring, Kubina, Martin, Masek, Moses, Nicholia,               
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams               
                                                                               
Excused:  Kookesh                                                              
                                                                               
Absent:  Grussendorf, Hanley, Hodgins, Kelly, Kott, Mulder, Therriault         
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 193(FIN).                                                             
                                                                               
                                                                               
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 193(FIN) was referred to the Chief Clerk for enrollment.              
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved that it be the Sense of the House that the          
total amount of money borrowed from all sources to fund the Fiscal             
Year 1999 budget not exceed one billion dollars.                               
                                                                               
Representative Porter objected.                                                
                                                                               

1998-05-06                     House Journal                      Page 3590
The question being:  "Shall it be the Sense of the House that the total        
amount of money borrowed from all sources to fund the Fiscal Year              
1999 budget not exceed one billion dollars?"  The roll was taken with          
the following result:                                                          
                                                                               
Sense of the House                                                             
Fiscal Year 1999 Budget                                                        
Borrowed Funds-Not Exceed One Billion Dollars                                  
                                                                               
YEAS:  5   NAYS:  28   EXCUSED:  1   ABSENT:  6                              
                                                                               
                                                                               
Yeas:  Berkowitz, Croft, Davies, Grussendorf, Vezey                            
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson,                 
Elton, Foster, Green, Hodgins, Hudson, Ivan, James, Joule, Kemplen,            
Kohring, Kubina, Martin, Masek, Moses, Nicholia, Phillips, Porter,             
Rokeberg, Ryan, Sanders, Williams                                              
                                                                               
Excused:  Kookesh                                                              
                                                                               
Absent:  Hanley, Kelly, Kott, Mulder, Ogan, Therriault                         
                                                                               
James changed from "Yea" to "Nay".                                             
Davies changed from "Nay" to "Yea".                                            
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
SB 305                                                                       
The Speaker waived the Judiciary Committee referral for the following          
at the request of Representative Green, Chair:                                 
                                                                               
CS FOR SENATE BILL NO. 305(L&C)                                               
"An Act establishing a standard for determining when an injured               
worker is eligible for reemployment benefits and establishing a                
procedure for adopting a new, revised, or replacement standard for             
determining when an injured worker is eligible for reemployment                
benefits."                                                                     
                                                                               
CSSB 305(L&C) was removed from the Judiciary Committee and                     
referred to the Rules Committee for placement on the calendar.                 
                                                                               

1998-05-06                     House Journal                      Page 3591
HCR 13                                                                       
Representative Rokeberg added his name as cosponsor to:                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 13                                            
Relating to management of Alaska's wildlife resources.                        
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 257                                                                       
CSHB 257(FIN) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                          ENGROSSMENT AND ENROLLMENT                         
                                                                               
HB 2                                                                         
The following was engrossed and 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          
3:30 p.m., May 5, 1998:                                                        
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 2                                            
"An Act requiring, for purposes of permanent fund dividend                    
eligibility, an individual to have been physically present in the              
state for at least 72 consecutive hours during the prior two years             
before the current dividend year; relating, for purposes of                    
permanent fund dividend eligibility, to allowable absences for                 
secondary and postsecondary education on a full-time basis,                    
vocational, professional, or other education on a full-time basis              
when a comparable program is not reasonably available in the                   
state, serving on active duty as a member of the armed forces of               
the United States, receiving continuous medical treatment or                   
convalescing if the treatment or convalescence is not based on a               
need for climatic change, providing care for certain relatives with            
critical life-threatening illnesses, providing care for certain                
terminally ill relatives, settling the estates of certain relatives,           
serving as a member of the United States Congress, serving on the              
staff of a member from this state of the United States Congress,               
serving as an employee of the state, accompanying certain ill                  
minors, accompanying another eligible resident who is absent for               
an allowable reason as the spouse, minor dependent, or disabled                

1998-05-06                     House Journal                      Page 3592
HB 2                                                                         
dependent of the eligible resident, or for any reason consistent              
with an individual's intent to remain a state resident; prohibiting,           
for purposes of permanent fund dividend eligibility, an individual             
from claiming an allowable absence unless the individual was a                 
resident for at least six consecutive months immediately before                
leaving the state; making ineligible, for purposes of permanent                
fund dividend eligibility, certain individuals who are absent for              
more than 180 days during each of 10 qualifying years; relating to             
the definition of state 'resident' for purposes of permanent fund              
dividend eligibility and requiring a state resident to have the intent         
to remain indefinitely; relating to the qualifying year and defining           
that term for purposes of the permanent fund dividend program;                 
relating to the eligibility for 1998 permanent fund dividends of               
certain spouses and dependents of eligible individuals; and                    
providing for an effective date."                                              
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HJR 53                                                                       
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 2:00 p.m.,            
May 6, 1998:                                                                   
                                                                               
HOUSE JOINT RESOLUTION NO. 53 am S                                            
Relating to support for federal legislation providing for the                 
continuation of the University of Alaska by the conveyance of                  
federal land to the university.                                                
                                                                               
                                                                               
HB 199                                                                       
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 3:30 p.m.,            
May 5, 1998:                                                                   
                                                                               
CS FOR HOUSE BILL NO. 199(JUD)                                                
"An Act relating to the property, transactions, and obligations of            
spouses; relating to the augmented estate; amending Rule 301,                  
Alaska Rules of Evidence; and providing for an effective date."                

1998-05-06                     House Journal                      Page 3593
HB 321                                                                       
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 3:30 p.m.,            
May 5, 1998:                                                                   
                                                                               
HOUSE BILL NO. 321 am                                                         
"An Act relating to trusts, to the prudent investor rule, and to              
standards of care applicable to personal representatives,                      
conservators, and trustees; and providing for an effective date."              
                                                                               
HB 387                                                                       
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 2:00 p.m.,            
May 6, 1998:                                                                   
                                                                               
CS FOR HOUSE BILL NO. 387(L&C)                                                
"An Act relating to dentists."                                                
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
The following meeting today has been changed as indicated:                     
                                                                               
Judiciary Committee                                                            
1:00 p.m., 5/6 meeting CHANGED TO:                      3:20 p.m., 5/6         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., May 7, 1998.  There being no                   
objection, the House adjourned at 3:03 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk