Legislature(1997 - 1998)
1997-01-29 House Journal
Full Journal pdf1997-01-29 House Journal Page 0159 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday January 29, 1997 Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:05 a.m. Roll call showed 36 members present. Representative Hudson had been previously excused from a call of the House today. Representative Sanders was excused due to illness. Representative Brice was absent and his presence was noted later. Representative Moses was absent. The invocation was offered by the Chaplain, Beverly Haywood of the Juneau Unitarian Universalist Fellowship. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: May we be reminded here of our highest aspirations, and inspired to bring our gifts of love and service to the altar of humanity. May we know once again that we are not isolated beings but connected, in mystery and miracle, to the universe, to this community and to each other. Amen. --Anon. The Pledge of Allegiance was led by Representative Williams. 1997-01-29 House Journal Page 0160 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 15th and 16th legislative days, House Journal Supplement No. 2, and House & Senate Joint Journal Supplement No.4 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS A letter dated November 4, 1996, was received from Allen T. Compton, Chief Justice of the Alaska Supreme Court, stating he has selected Shirley McCoy to serve another term as a public member of the Select Committee on Legislative Ethics commencing January 1, 1997. The Speaker referred the reappointment to the Judiciary Committee. REPORTS OF STANDING COMMITTEES HCR 1 The Resources Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 1 Relating to a new Alaska liquefied natural gas project. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR) (same title) The report was signed by Representative Ogan, Co-chair, with the following individual recommendations: Do pass (6): Barnes, Williams, Dyson, Nicholia, Joule, Ogan No recommendation (1): Masek The following fiscal notes apply to CSHCR 1(WTR): Zero fiscal note, Dept. of Natural Resources, 1/24/97 1997-01-29 House Journal Page 0161 HCR 1 Zero fiscal note, Dept. of Revenue, 1/24/97 HCR 1 was referred to the House Special Committee on Oil & Gas. HB 18 The Labor & Commerce Committee has considered: HOUSE BILL NO. 18 An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Cowdery, Hudson, Rokeberg No recommendation (2): Sanders, Ryan The following fiscal note applies: Zero fiscal note, Dept. of Administration, 1/29/97 HB 18 was referred to the Finance Committee. HB 43 The Finance Committee has considered: HOUSE BILL NO. 43 An Act relating to registration of rental motor vehicles, to municipal taxation of rental motor vehicles, and to emission control inspection fees for rental motor vehicles; and providing for an effective date. and recommends it be replaced with: 1997-01-29 House Journal Page 0162 HB 43 CS FOR HOUSE BILL NO. 43(FIN) An Act relating to registration of vehicles, to municipal taxation of vehicles, and to emission control inspection fees for vehicles; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Martin, Kohring, Foster, Kelly, Davis No recommendation (4): Davies, Grussendorf, Therriault, Moses The following fiscal note applies to CSHB 43(FIN): Zero fiscal note, Dept. of Public Safety, 1/29/97 HB 43 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 - Chad McMullen and Craig McMullen By Representatives Elton, Hudson; Senator Duncan Honoring - Walter and Vivian Teeland By Representatives Kohring, Ogan, Masek; Senators Green, Halford Honoring - Bob & Mary Lambe, Soldotna Chamber of Commerce, 1996 Devoted Service to Young People Award By Representatives Davis, Phillips, Hodgins; Senator Torgerson Honoring - Charlie Weimer, Soldotna Chamber of Commerce, 1996 Business Person of the Year By Representatives Davis, Phillips, Hodgins; Senator Torgerson 1997-01-29 House Journal Page 0163 Honoring - Holly Marie Fraser, Soldotna Chamber of Commerce, 1996 Outstanding Student of the Year By Representatives Davis, Phillips, Hodgins; Senator Torgerson Honoring - Janette Rogers, Soldotna Chamber of Commerce, 1996 Outstanding Student of the Year By Representatives Davis, Phillips, Hodgins; Senator Torgerson Honoring - Chugiak High School Men's Track Team, 1996 ASAA State Champions By Senators Phillips, Halford; Representatives Dyson, Kohring Honoring - Chugiak Mustangs Post 33 Baseball Team By Senators Phillips, Halford; Representatives Dyson, Kohring In Memoriam - Daniel L. Hill By Representatives Kohring, Ogan, Masek; Senators Green, Halford In Memoriam - Mary Magdalena Backford By Representative Ivan In Memoriam - Robert John Modrell By Representative Grussendorf In Memoriam - Jessie Dalton By Representatives Kookesh, Kubina; Senator Mackie In Memoriam - Robert E. Sanden By Senators Phillips, Halford; Representatives Dyson, Kohring **The presence of Representative Brice was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 17 HOUSE JOINT RESOLUTION NO. 17 by Representative Kubina: Disapproving Local Boundary Commission recommendation number two regarding the annexation of the territory to the City and Borough of Yakutat. 1997-01-29 House Journal Page 0164 HJR 17 was read the first time and referred to the Community & Regional Affairs Committee. HJR 18 HOUSE JOINT RESOLUTION NO. 18 by Representative Ivan: Proposing an amendment to the Constitution of the State of Alaska relating to changing the rate of a tax or license that supports a dedication of its proceeds. was read the first time and referred to the State Affairs, Health, Education & Social Services, Judiciary and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 91 HOUSE BILL NO. 91 by Representative Porter, entitled: An Act extending the termination date of the Board of Parole; and providing for an effective date. was read the first time and referred to the Judiciary Committee. HB 92 HOUSE BILL NO. 92 by the House Rules Committee by request of the Governor, entitled: An Act relating to domestic animals, to food, and to the Alaska Food, Drug and Cosmetic Act; and providing for an effective date. was read the first time and referred to the Resources, Labor & Commerce and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Environmental Conservation, 1/29/97 1997-01-29 House Journal Page 0165 HB 92 The Governors transmittal letter, dated January 27, 1997, appears below: Dear Speaker Phillips: Included in my effort to create greater efficiencies in state government is getting rid of archaic laws that are no longer used, but just remain on the books gathering dust. This bill is a cleanup of various statutes relating to food and animals under the Department of Environmental Conservation (DEC), either deleting unnecessary items or transferring them to consolidate our statutes. This will facilitate the publics use and understanding of these laws. History has left the statutes governing food scattered throughout both Title 3, which covers agriculture and animals, and Title 17 on food and drugs. With this bill, statutes governing organic food under the jurisdiction of the Department of Natural Resources would remain in Title 3, while statutes governing processed food that fall under the DEC purview would be consolidated in Title 17. Additionally, this bill makes other streamlining and housekeeping measures including deleting unnecessary flour and bread standards, statutes regarding rabies control, and staff reimbursement requirements that conflict with the state Procurement Code. The bill also allows the DEC to use future revisions of three important federal milk and seafood program standards to be sure state standards always conform, to avoid confusion in the industry, and ensure marketability of our milk and seafood products. The people of Alaska are asking for government programs to be consolidated and streamlined. This bill is a step toward that goal. Sincerely, /s/ Tony Knowles Governor 1997-01-29 House Journal Page 0166 HB 93 HOUSE BILL NO. 93 by the House Rules Committee by request of the Governor, entitled: An Act relating to the collection by victims of restitution from prisoners; relating to the definition of 'serious provocation' as a defense to murder; relating to the definition of 'incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to mental examinations of victims in criminal prosecutions; relating to the rights of victims of crimes under AS 12.61; relating to access to certain records of the Violent Crimes Compensation Board; relating to medical death investigations; amending Alaska Rules of Criminal Procedure 5 and 6, Alaska Rules of Evidence 404 and 615, and Alaska Delinquency Rule 3; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Corrections, 1/29/97 Zero fiscal note, Dept. of Health & Social Services, 1/29/97 Zero fiscal note, Dept. of Law, 1/29/97 Zero fiscal note, Dept. of Public Safety, 1/29/97 The Governors transmittal letter, dated January 27, 1997, appears below: Dear Speaker Phillips: In a civilized society, people who are criminally wronged by others do not seek personal retribution; rather, society seeks justice on behalf of the victim. There have been instances, however, when our efforts to insure a fair trial for defendants have caused us to ignore or overlook the rights of victims. In response, the people of Alaska ratified in 1994 the Rights of Crime Victims amendment to our state Constitution 1997-01-29 House Journal Page 0167 HB 93 as art. I, sec. 24. This bill I transmit to you today will implement the victims rights amendment through substantive and procedural changes to our law. The bill guarantees a victim has the right to be present at every proceeding during a criminal prosecution or delinquency adjudication in which the defendant or minor has the right to be present. Although the constitution explicitly provides this right, victims in our state are still occasionally excluded from hearings. This exclusion can be very difficult for victims, particularly those who have lost family members as a result of the crime. The constitutional amendment provides that victims have the right to be reasonably protected from a defendant through bail requirements or conditions of release prior to the defendants trial. In the spirit of that provision, this bill requires the court to consider the safety of the victim when setting bail and imposing conditions of release. The bill also closes up certain loopholes in the law that allow the crime of murder to be reduced to manslaughter. Its clear these loopholes were an unintended result of a 1980 change in the law. In addition, provisions in this legislation will make it easier for victims to collect restitution from prisoners. I also feel it is important to address in this bill an unfortunate situation that arose from the recent tragic murder of Alaska State Trooper Bruce Heck while on duty. A successful defense request for a subsequent autopsy on Trooper Heck delayed his familys plans for cremation. This caused needless suffering for a family already stricken with grief. A provision in this bill will tighten the parameters for allowing subsequent autopsies, in the hope of shielding other families from this unnecessary pain. Finally, the bill continues the effort I began last year in my legislation to fight domestic violence by making it a class A misdemeanor to interfere with a person who is attempting to report a domestic violence offense to the police. 1997-01-29 House Journal Page 0168 HB 93 The people of Alaska told us in 1994 they want victims rights clearly protected in the state Constitution. This bill will put that public sentiment into practice. Sincerely, /s/ Tony Knowles Governor HB 94 HOUSE BILL NO. 94 by Representative Green, entitled: An Act relating to confidentiality of certain municipal tax records. was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 95 HOUSE BILL NO. 95 by Representative Green, entitled: An Act relating to motor vehicle registration, licensing, and insurance; and providing for an effective date. was read the first time and referred to the Transportation and Judiciary Committees. HB 96 HOUSE BILL NO. 96 by Representative Vezey, entitled: An Act relating to appointments to the Board of Fisheries or the Board of Game. was read the first time and referred to the House Special Committee on Fisheries, the Resources and Finance Committees. 1997-01-29 House Journal Page 0169 UNFINISHED BUSINESS HCR 1 Representative Porter moved and asked unanimous consent that the following be waived from the House Special Committee on Oil and Gas at the request of Representative Hodgins, Chair: HOUSE CONCURRENT RESOLUTION NO. 1 Relating to a new Alaska liquefied natural gas project. There being no objection, it was so ordered. HCR 1 appears on today's calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HCR 1 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 1 Relating to a new Alaska liquefied natural gas project. with the: Journal Page WTR RPT CS(WTR) 7DP 134 2 ZERO FISCAL NOTES (DNR, REV) 135 RES RPT CS(WTR) 6DP 1NR 160 2 ZERO FISCAL NOTES (DNR, REV) 1/24/97 160 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR) (same title) 1997-01-29 House Journal Page 0170 HCR 1 There being no objection, it was so ordered. The question being: Shall CSHCR 1(WTR) pass the House? The roll was taken with the following result: CSHCR 1(WTR) Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Hudson, Sanders Absent: Moses And so, CSHCR 1(WTR) passed the House. Representative Barnes gave notice of reconsideration of her vote on CSHCR 1(WTR). RECONSIDERATION HCR 1 Representative Barnes moved and asked unanimous consent that the reconsideration of CSHCR 1(WTR) be taken up on the same day. There being no objection, it was so ordered. CSHCR 1(WTR) was again before the House in second reading. The question to be reconsidered: Shall CSHCR 1(WTR) pass the House? The roll was taken with the following result: 1997-01-29 House Journal Page 0171 HCR 1 CSHCR 1(WTR)--RECONSIDERATION Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Hudson, Sanders Absent: Moses And so, CSHCR 1(WTR) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Florence Schutte By Representatives Grussendorf, Berkowitz, Brice, Croft, Davies, Elton, James, Joule, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Therriault, Vezey, Williams Honoring - Senior Captain Walter Jackinsky, The Alaska Marine Highway System By Senators Leman, Torgerson; Representatives Phillips, Kubina, Davis, Austerman, Berkowitz, Brice, Croft, Davies, Elton, Hanley, Hudson, James, Joule, Kemplen, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams 1997-01-29 House Journal Page 0172 Honoring - Linda Parker, Soldotna Chamber of Commerce, 1996 Person of the Year By Senator Torgerson; Representatives Davis, Phillips, Berkowitz, Croft, Davies, Elton, Hanley, Hudson, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 1/29 Representative Porter moved and asked unanimous consent that the House stand in recess for a Majority Caucus. There being no objection, the House recessed at 10:46 a.m. AFTER RECESS The Speaker called the House back to order at 11:19 a.m. UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that Representative Williams be excused until further notice due to a personal emergency. There being no objection, it was so ordered. Representative Porter moved that the House confirm the appointment of Representative Bunde to the Select Committee on Legislative Ethics. The question being: Shall the House confirm the appointment of Representative Bunde to the Select Committee on Legislative Ethics? The roll was taken with the following result: Select Committee on Legislative Ethics Representative Bunde Confirm YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 1997-01-29 House Journal Page 0173 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey Excused: Hudson, Sanders, Williams Absent: Brice, Moses And so, the nomination was confirmed. Representative Porter moved that the House confirm the appointment of Representative Elton to the Select Committee on Legislative Ethics. The question being: Shall the House confirm the appointment of Representative Elton to the Select Committee on Legislative Ethics? The roll was taken with the following result: Select Committee on Legislative Ethics Representative Elton Confirm YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey Excused: Hudson, Sanders, Williams Absent: Brice, Moses And so, the nomination was confirmed. Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: 1997-01-29 House Journal Page 0174 Representative Davies - from 1:45 p.m., plane time, January 31 to 9:34 a.m., plane time, February 3, 1997 Representative Kemplen - from 6:45 p.m., plane time, January 31 to 9:40 p.m., plane time, February 2, 1997; and, from 6:45 p.m., plane time, February 14 to 9:45 p.m., plane time, February 16, 1997 Representative Ogan - from 6:25 a.m., plane time, February 1 to 9:34 a.m., plane time, February 3, 1997 Representative James - from 6:45 p.m, plane time, February 27 to 9:53 p.m., plane time, March 3, 1997 Representative Porter - from 6:45 p.m., plane time, February 27 to 9:30 p.m., plane time, March 4, 1997 Representative Green - from 6:00 a.m., plane time, February 28 to 9:55 p.m., plane time, March 4, 1997 Representative Phillips - from 6:45 p.m., plane time, February 28 to 9:30 p.m., plane time, March 4, 1997 Representative Kohring - from 6:45 p.m., plane time, January 31 to 11:45 a.m., ferry time, February 4, 1997 Representative Vezey - from 1:45 p.m., plane time, February 27 to 9:30 a.m., plane time, March 5, 1997 HCR 1 Representatives Nicholia, Kemplen, Porter, Bunde, Brice, Elton, Therriault, Kelly and Mulder added their names as cosponsors to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR) Relating to a new Alaska liquefied natural gas project. HCR 4 Representative Ryan added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 4 Relating to records generated and maintained by the Department of Health and Social Services. 1997-01-29 House Journal Page 0175 HB 4 Representative Ryan added his name as cosponsor to: HOUSE BILL NO. 4 An Act relating to permits issued by the Department of Fish and Game for activities in anadromous fish streams, to forest land use plans prepared by the Department of Natural Resources, to rights- of-way, easements, and permits issued by the Department of Natural Resources, and to disposal of state land and interests in state land. HB 6 Representative Ryan added his name as cosponsor to: HOUSE BILL NO. 6 An Act amending laws relating to the disclosure of information relating to certain minors. HB 21 Representative Kemplen added his name as cosponsor to: HOUSE BILL NO. 21 An Act establishing the Alaska public broadcasting trust fund as a trust fund of the state, and providing for its administration; relating to credits against certain taxes for contributions to the Alaska public broadcasting trust fund; increasing the amounts that may be claimed as credits against certain state taxes, and precluding claims of the contributions as both credits and deductions against the taxes; and terminating the credits authorized by this Act at the end of five years; and providing for an effective date. HB 68 Representative James removed her name as cosponsor to: HOUSE BILL NO. 68 An Act relating to the exemption from the requirement for payment for overtime under a voluntary work hour plan; and providing for an effective date. 1997-01-29 House Journal Page 0176 HB 90 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 90 An Act establishing a woman's right to know certain medical facts related to the woman's safety before an abortion is performed. ENGROSSMENT HCR 1 CSHCR 1(WTR) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus upon adj., 1/29 Rules Committee 6:00 p.m., 1/27 meeting RECONVENES: 3:00 p.m., 1/29 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 31, 1997. There being no objection, the House adjourned at 11:32 a.m. Suzi Lowell Chief Clerk