Legislature(1997 - 1998)

1997-02-05 House Journal

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1997-02-05                     House Journal                      Page 0235
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                     Wednesday          February 5, 1997         
                                                                               
                              Twenty-fourth Day                              
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:14 a.m.                                                         
                                                                               
Roll call showed 38 members present.  Representative Dyson had been            
previously excused from a call of the House today.                             
                                                                               
Representative Porter moved and asked unanimous consent that                   
Representative Kohring be excused from a call of the House today               
until 10:45 p.m., ferry time.  There being no objection, it was so             
ordered.                                                                       
                                                                               
The invocation was offered by the Chaplain, Reverend Wayne Coggins             
of the Cornerstone Family Ministries.  Representative Therriault moved         
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
Heavenly Father:                                                              
                                                                               
There are some new faces in the Legislature this year.  And,                  
most likely, two years from now there will be some more.                       
                                                                               
It is a bit sobering to think that in a generation or so, all the             
faces and names on the voting board will have changed and                      
the torch of leadership in Alaska will have been passed.                       
                                                                               
But for now, Lord, it is our turn to step up to the plate and do              
our best.  Help us to have an awareness of the lessons of                      
history, a perceptive eye to the future, and, a clear vision of                
the challenges and opportunities facing Alaska at the present.                 
                                                                               
Amen.                                                                         

1997-02-05                     House Journal                      Page 0236
The Pledge of Allegiance was led by Representative Ivan.                       
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 22nd and 23rd legislative days and Senate and House            
Joint Journal Supplement No. 5 be approved as certified by the Chief           
Clerk.  There being no objection, it was so ordered.                           
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Alaska Commercial Fishing and Agriculture Bank                                 
1996 Annual Report                                                             
(as required by AS  44.81.200)                                                 
                                                                               
                                                                               
Dept. of Environmental Conservation                                            
Division of Administrative Services                                            
Oil & Hazardous Substance Release                                              
Prevention & Response Fund                                                     
Annual Report, Fiscal Year 1996                                                
(as required by AS  46.08.060)                                                 
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Rules Committee submitted a report regarding the Select                    
Committee on Legislative Ethics' Decision H 96-02.                             
                                                                               
The report was signed by Representative Kott, Chair; with the                  
following individual recommendations:                                          
                                                                               
Do pass (5):  Kott, Phillips, Porter, Vezey, Williams                          
                                                                               
Do not pass (2):  Elton, Nicholia                                              
                                                                               
                                                                               

1997-02-05                     House Journal                      Page 0237
Representative Porter moved and asked unanimous consent that the               
report be published in a House journal supplement.  There being no             
objection, it was so ordered.                                                  
                                                                               
The report appears in House Journal Supplement No. 3.                          
                                                                               
The report is under Unfinished Business.                                       
                                                                               
                                                                               
HB 1                                                                         
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 1                                                              
An Act relating to taxes on cigarettes and tobacco products; and              
providing for an effective date.                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 1(STA)                                                  
	(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  James, Elton, Berkowitz, Ivan                                    
                                                                               
Do not pass (1):  Vezey                                                        
                                                                               
The following fiscal note applies to CSHB 1(STA):                              
                                                                               
Fiscal note, House State Affairs Committee/Dept. of Revenue, 2/5/97            
                                                                               
HB 1 was referred to the Health, Education & Social Services                   
Committee.                                                                     
                                                                               
                                                                               
HB 20                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 20                                                             
An Act relating to dog mushers' contests.                                     

1997-02-05                     House Journal                      Page 0238
HB 20                                                                        
and recommends it be replaced with:                                            
                                                                               
	CS FOR HOUSE BILL NO. 20(FIN)                                                 
	(same title)                                                                  
                                                                               
The report was signed by Representatives Hanley and Therriault, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6):  Foster, Mulder, Davis, Grussendorf, Davies, Moses                
                                                                               
Do not pass (2):  Martin, Kelly                                                
                                                                               
No recommendation (2):  Hanley, Therriault                                     
                                                                               
The following fiscal note applies to CSHB 20(FIN):                             
                                                                               
Zero fiscal note, Dept. of Revenue, 1/24/97                                    
                                                                               
HB 20 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 31                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 31                                                             
An Act relating to civil liability for certain false allegations or           
material misstatements of fact in a civil pleading or proceeding,              
for certain improper acts relating to signing a civil pleading, for            
certain improper acts relating to civil pleadings or proceedings, for          
making an intentional false statement of a material fact, for acting           
on a civil claim or defense without probable cause, or for acting              
for a purpose other than proper adjudication of a civil claim;                 
amending Rules 13(e) and 82(b), Alaska Rules of Civil Procedure;               
and providing for an effective date.                                           
                                                                               
The report was signed by Representative Cowdery, Vice Chair, with              
the following individual recommendations:                                      
                                                                               
Do pass (3):  Sanders, Ryan, Cowdery                                           

1997-02-05                     House Journal                      Page 0239
HB 31                                                                        
No recommendation (2):  Brice, Hudson                                          
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Law, 2/5/97                                              
Fiscal note, Alaska Court System, 2/5/97                                       
                                                                               
HB 31 was referred to the Judiciary Committee.                                 
                                                                               
                                                                               
HB 35                                                                        
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 35                                                             
An Act extending the termination date of the Alaska regional                  
economic assistance program; and providing for an effective date.              
                                                                               
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (6):  Joule, Ogan, Sanders, Kookesh, Ryan, Ivan                        
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Community & Regional Affairs, 2/5/97                     
                                                                               
HB 35 was referred to the Finance Committee.                                   
                                                                               
HB 66                                                                        
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 66                                                             
An Act giving notice of and approving the entry into, and the                 
issuance of certificates of participation in, a lease-purchase                 
agreement for a centralized public health laboratory facility.                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
	CS FOR HOUSE BILL NO. 66(HES)                                                 
	(same title)                                                                  

1997-02-05                     House Journal                      Page 0240
HB 66                                                                        
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Green, Bunde, Porter, Kemplen                                    
                                                                               
Do not pass (2):  Vezey, Brice                                                 
                                                                               
                                                                               
The following fiscal notes apply to CSHB 66(HES):                              
                                                                               
Fiscal note, Dept. of Health & Social Services, 2/5/97                         
Fiscal note, Dept. of Revenue, 2/5/97                                          
Fiscal note, Dept. of Administration, 2/5/97                                   
Zero fiscal note, Dept. of Public Safety, 2/5/97                               
                                                                               
HB 66 was referred to the Finance Committee.                                   
                                                                               
                                                                               
HB 86                                                                        
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 86                                                             
An Act relating to the payments in lieu of taxes program for                  
cities in the unorganized borough; and providing for an effective              
date.                                                                          
                                                                               
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (5):  Joule, Sanders, Ryan, Kookesh, Ivan                              
                                                                               
No recommendation (1):  Ogan                                                   
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 2/5/97                
                                                                               
HB 86 was referred to the Finance Committee.                                   
                                                                               
                                                                               

1997-02-05                     House Journal                      Page 0241
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 25                                                                        
The House Special Committee on Fisheries has considered:                       
                                                                               
HOUSE BILL NO. 25                                                             
An Act relating to the issuance of hunting, trapping, and                     
noncommercial fishing licenses, tags, and permits and to residency             
for fish and game purposes; and providing for an effective date.               
                                                                               
The report was signed by Representative Austerman, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (2):  Ogan, Austerman                                                  
                                                                               
No recommendation (2):  Kubina, Ivan                                           
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Public Safety, 2/5/97                               
Zero fiscal note, Dept. of Fish & Game, 2/5/97                                 
                                                                               
HB 25 was referred to the Resources Committee.                                 
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Ledwina Jones                                                       
By Representative Ivan; Senator Hoffman                                        
                                                                               
Honoring - Members of the Select Committee on Legislative Ethics               
By Representatives Berkowitz, Croft, Kemplen                                   
                                                                               
Honoring - University of Alaska Fairbanks Trio Programs                        
By Representative Brice                                                        
                                                                               
In Memoriam - Wassily Naugtak                                                  
By Representative Ivan; Senator Hoffman                                        

1997-02-05                     House Journal                      Page 0242
In Memoriam - Grace Taeko Ebihara Akiyama                                      
By Representatives Hudson, Elton; Senator Duncan                               
                                                                               
In Memoriam - Howard Myhill                                                    
By Representative Phillips                                                     
                                                                               
In Memoriam - Dale M. Van Sandt                                                
By Representative Phillips                                                     
                                                                               
In Memoriam - Rudolph (Rudy) Wilson                                            
By Senator Ward; Representative Hodgins                                        
                                                                               
and                                                                            
                                                                               
In Memoriam - Douglas Doner                                                    
By Senator Leman                                                               
                                                                               
which was taken up later as a Special Order of Business.                       
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 114                                                                       
HOUSE BILL NO. 114 by the House Health, Education & Social                     
Services Committee by request, entitled:                                       
                                                                               
An Act relating to health care data and registration of births.               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
HB 115                                                                       
HOUSE BILL NO. 115 by the House Rules Committee by request of                  
the Legislative Council, entitled:                                             
                                                                               
An Act making corrective amendments to the Alaska Statutes as                 
recommended by the revisor of statutes; and providing for an                   
effective date.                                                                
                                                                               
was read the first time and referred to the Judiciary Committee.               

1997-02-05                     House Journal                      Page 0243
HB 115                                                                       
A sectional analysis from Pamela Findley, Revisor of Statutes, Division        
of Legal and Research Services, was published in House Journal                 
Supplement No. 4.                                                              
                                                                               
HB 116                                                                       
HOUSE BILL NO. 116 by Representatives Kott, Hudson, Foster,                    
Berkowitz, Hodgins, Kelly, Dyson, Davis and Phillips, entitled:                
                                                                               
An Act relating to workers' compensation self-insurance.                      
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 2                                                                         
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 2                                                              
An Act allowing, for the purposes of permanent fund dividend                  
eligibility, an individual to accompany, as the spouse or minor or             
disabled dependent, another eligible resident who is absent for any            
of the following reasons: vocational, professional, or other specific          
education for which a comparable program is not reasonably                     
available in the state; secondary or postsecondary education;                  
military service; medical treatment; service in the Congress or in             
the peace corps; to care for the individuals terminally ill parent,            
spouse, sibling, child, or stepchild; for up to 220 days to settle the         
estate of the individuals deceased parent, spouse, sibling, child,             
or stepchild; to care for a parent, spouse, sibling, child, or                 
stepchild with a critical life-threatening illness whose treatment             
plan, as recommended by the attending physician, requires travel               
outside of the state for treatment at a medical speciality complex;            
or other reasons that the commissioner of revenue may establish                
by regulation; requiring, for the purposes of permanent fund                   
dividend eligibility, a state resident to have the intent to remain            
indefinitely; relating to the eligibility for 1992, 1993, 1994, 1995,          

1997-02-05                     House Journal                      Page 0244
HB 2                                                                         
1996, and 1997 permanent fund dividends of certain spouses and                
dependents of eligible applicants; and providing for an effective              
date.                                                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  CS(FIN) 10DP 1NR                                         184         
	FISCAL NOTE (REV)                                                 185         
                                                                               
                                                                               
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. 2(FIN)                                                  
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
2(FIN) be considered engrossed, advanced to third reading and placed           
on final passage. There being no objection, it was so ordered.                 
                                                                               
CSHB 2(FIN) was read the third time.                                           
                                                                               
The question being:  Shall CSHB 2(FIN) pass the House?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 2(FIN)                                                                    
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  2   ABSENT:  6                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James,               
Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses,                   
Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault,          
Williams                                                                       
                                                                               
Excused:  Dyson, Kohring                                                       

1997-02-05                     House Journal                      Page 0245
HB 2                                                                         
Absent:  Barnes, Davis, Foster, Kelly, Sanders, Vezey                          
                                                                               
And so, CSHB 2(FIN) passed the House.                                          
                                                                               
Representative Porter moved and asked unanimous consent that the roll          
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           
                                                                               
Representative Kubina later gave notice of reconsideration of his vote         
on CSHB 2(FIN), and the reconsideration was taken up then.                     
                                                                               
                                                                               
HB 41                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 41                                                             
An Act relating to impairment rating guides used in evaluation of             
certain workers compensation claims.                                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) 5DP                                              134         
	2 ZERO FISCAL NOTES (ADM, LABOR)                                  134         
                                                                               
                                                                               
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. 41(L&C)                                                 
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
41(L&C) be considered engrossed, advanced to third reading and                 
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 41(L&C) was read the third time.                                          
                                                                               
The question being:  Shall CSHB 41(L&C) pass the House?  The                   
roll was taken with the following result:                                      

1997-02-05                     House Journal                      Page 0246
HB 41                                                                        
                                                                               
CSHB 41(L&C)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins,             
Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina,             
Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter,                
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
Excused:  Dyson, Kohring                                                       
                                                                               
And so, CSHB 41(L&C) passed the House and was referred to the                  
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 2                                                                         
Representative Kubina moved and asked unanimous consent that the               
reconsideration of CSHB 2(FIN) (page 245) be taken up on the same              
day.  There being no objection, it was so ordered.                             
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 2(FIN)                                                  
An Act allowing, for the purposes of permanent fund dividend                  
eligibility, an individual to accompany, as the spouse or minor or             
disabled dependent, another eligible resident who is absent for any            
of the following reasons:  vocational, professional, or other                  
specific education for which a comparable program is not                       
reasonably available in the state; secondary or postsecondary                  
education; military service; medical treatment; service in the                 
Congress or in the peace corps; to care for the individual's                   
terminally ill parent, spouse, sibling, child, or stepchild; for up to         
220 days to settle the estate of the individual's deceased parent,             
spouse, sibling, child, or stepchild; to care for a parent, spouse,            
sibling, child, or stepchild with a critical life-threatening illness          
whose treatment plan, as recommended by the attending physician,               

1997-02-05                     House Journal                      Page 0247
HB 2                                                                         
requires travel outside of the state for treatment at a medical               
speciality complex; or other reasons that the commissioner of                  
revenue may establish by regulation; requiring, for the purposes of            
permanent fund dividend eligibility, a state resident to have the              
intent to remain indefinitely; relating to the eligibility for 1992,           
1993, 1994, 1995, 1996, and 1997 permanent fund dividends of                   
certain spouses and dependents of eligible applicants; and                     
providing for an effective date.                                               
                                                                               
The question to be reconsidered:  Shall CSHB 2(FIN) pass the                   
House?  The roll was taken with the following result:                          
                                                                               
CSHB 2(FIN)--RECONSIDERATION                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins,             
Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina,             
Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter,                
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
Excused:  Dyson, Kohring                                                       
                                                                               
And so, CSHB 2(FIN) passed the House on reconsideration.                       
                                                                               
Representative Porter moved and asked unanimous consent that the roll          
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           
                                                                               
                                                                               
CSHB 2(FIN) 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:                   
                                                                               

1997-02-05                     House Journal                      Page 0248
Honoring - Katherine K.C. Jackson                                              
By Representatives Ivan, Phillips, Berkowitz, Croft, Davies, Elton,            
Foster, Hanley, James, Joule, Kott, Kubina, Masek, Nicholia, Ogan,             
Porter, Sanders, Therriault, Vezey                                             
                                                                               
Honoring - William Stroecker, Junior Achievement 1997 Laureate,                
Alaska Business Hall of Fame 1997                                              
By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Elton,           
Green, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek,                
Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Vezey                       
                                                                               
Honoring - Jonathan Scribner                                                   
By Senator Duncan; Representatives Elton, Hudson, Phillips,                    
Berkowitz, Brice, Croft, Davies, Foster, Grussendorf, Hanley, Ivan,            
James, Joule, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan,            
Sanders, Therriault                                                            
                                                                               
In Memoriam - Lance Edward Domonoske                                           
By Senator Torgerson; Representatives Davis, Phillips, Berkowitz,              
Croft, Davies, Elton, Foster, Ivan, James, Joule, Kott, Kubina, Masek,         
Mulder, Nicholia, Ogan, Porter, Sanders, Therriault, Vezey                     
                                                                               
In Memoriam - Mary E. Polly Kallenberg                                         
By Senators Halford, Phillips; Representatives Phillips, Berkowitz,            
Croft, Davies, Dyson, Elton, Foster, Ivan, James, Joule, Kott, Kubina,         
Masek, Mulder, Nicholia, Ogan, Porter, Sanders, Therriault, Vezey              
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Kott moved and asked unanimous consent that the                 
House consider the Rules Committee report (page 236) regarding the             
Select Committee on Legislative Ethics'  Decision H 96-02 at this time.        
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved to adopt the findings of the House Rules           
Committee regarding the Select Committee on Legislative Ethics'                
Decision H 96-02.                                                              
                                                                               
Representative Davies objected.                                                

1997-02-05                     House Journal                      Page 0249
Representative Davies moved that consideration of adoption of the              
findings of the House Rules Committee regarding the Select                     
Committee on Legislative Ethics' Decision H 96-02 be postponed to              
the next legislative day.                                                      
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall consideration of adoption of the findings           
of the House Rules Committee regarding the Select Committee on                 
Legislative Ethics' Decision H 96-02 be postponed to the next                  
legislative day?  The roll was taken with the following result:                
                                                                               
Adopt Findings of the Rules Committee                                          
regarding Ethics Committee Decision H 96-02                                    
Postpone to next legislative day                                               
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Nicholia                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green,                
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kott, Martin, Masek,              
Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                
                                                                               
Excused:  Dyson, Kohring                                                       
                                                                               
And so, the motion failed.                                                     
                                                                               
Representative Hodgins declared a conflict of interest.                        
                                                                               
Representative Porter placed a call of the House.  The call was                
satisfied.                                                                     
                                                                               
Representative Sanders moved and asked unanimous consent that he               
be allowed to abstain from voting due to a conflict of interest.               
Objection was heard, and Representative Sanders was required to vote.          
                                                                               
The question being:  Shall the House adopt the Findings of the House           
Rules Committee regarding the Select Committee on Legislative Ethics'          
Decision H 96-02?  The roll was taken with the following result:               
                                                                               

1997-02-05                     House Journal                      Page 0250
Adopt Findings of the Rules Committee                                          
regarding Ethics Committee Decision H 96-02                                    
                                                                               
YEAS:  27   NAYS:  11   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green,                
Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kott, Martin,              
Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,                
Therriault, Vezey, Williams                                                    
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Excused:  Dyson, Kohring                                                       
                                                                               
And so, the findings were adopted.                                             
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adopt the conclusion and sanctions of the House Rules                    
Committee regarding the Select Committee on Legislative Ethics'                
Decision H 96-02.                                                              
                                                                               
Representative Sanders moved and asked unanimous consent that he               
be allowed to abstain from voting due to a conflict of interest.               
Objection was heard, and Representative Sanders was required to vote.          
                                                                               
Representative Porter lifted the call.                                         
                                                                               
The question being:  Shall the House adopt the conclusion and                  
sanctions of the House Rules Committee regarding the Select                    
Committee on Legislative Ethics' Decision H 96-02?  The roll was               
taken with the following result:                                               
                                                                               
Adopt Conclusion & Sanctions of the Rules Committee                            
regarding Ethics Committee Decision H 96-02                                    
                                                                               
YEAS:  29   NAYS:  8   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis,             
Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Joule,              
Kelly, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder,                    
Nicholia, Phillips, Porter, Rokeberg, Therriault, Vezey                        

1997-02-05                     House Journal                      Page 0251
Nays:  Barnes, Croft, Foster, Ivan, Kemplen, Ogan, Ryan, Williams              
                                                                               
Excused:  Dyson, Kohring                                                       
                                                                               
Absent:  Sanders                                                               
                                                                               
Ivan changed from "Yea" to "Nay".                                              
Cowdery changed from "Nay" to "Yea".                                           
                                                                               
And so, the conclusion and sanctions were adopted.                             
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
citation  In Memoriam - Douglas Doner be taken up as a Special Order           
of Business at this time.  There being no objection, it was so ordered.        
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
In Memoriam - Douglas Doner                                                    
By Senator Leman; Representatives Phillips, Berkowitz, Brice, Croft,           
Elton, Foster, Ivan, James, Kubina, Mulder, Ogan, Rokeberg, Sanders,           
Vezey, Williams                                                                
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 2                                                                         
Representatives Rokeberg, Ryan, James, Elton and Croft added their             
names as cosponsors to:                                                        
                                                                               
CS FOR HOUSE BILL NO. 2(FIN)                                                  
An Act allowing, for the purposes of permanent fund dividend                  
eligibility, an individual to accompany, as the spouse or minor or             
disabled dependent, another eligible resident who is absent for any            
of the following reasons:  vocational, professional, or other                  
specific education for which a comparable program is not                       
reasonably available in the state; secondary or postsecondary                  
education;  military  service;  medical  treatment;  service in the            

1997-02-05                     House Journal                      Page 0252
HB 2                                                                         
Congress or in the peace corps; to care for the individual's                  
terminally ill parent, spouse, sibling, child, or stepchild; for up to         
220 days to settle the estate of the individual's deceased parent,             
spouse, sibling, child, or stepchild; to care for a parent, spouse,            
sibling, child, or stepchild with a critical life-threatening illness          
whose treatment plan, as recommended by the attending physician,               
requires travel outside of the state for treatment at a medical                
speciality complex; or other reasons that the commissioner of                  
revenue may establish by regulation; requiring, for the purposes of            
permanent fund dividend eligibility, a state resident to have the              
intent to remain indefinitely; relating to the eligibility for 1992,           
1993, 1994, 1995, 1996, and 1997 permanent fund dividends of                   
certain spouses and dependents of eligible applicants; and                     
providing for an effective date.                                               
                                                                               
                                                                               
HB 31                                                                        
Representative Cowdery added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 31                                                             
An Act relating to civil liability for certain false allegations or           
material misstatements of fact in a civil pleading or proceeding,              
for certain improper acts relating to signing a civil pleading, for            
certain improper acts relating to civil pleadings or proceedings, for          
making an intentional false statement of a material fact, for acting           
on a civil claim or defense without probable cause, or for acting              
for a purpose other than proper adjudication of a civil claim;                 
amending Rules 13(e) and 82(b), Alaska Rules of Civil Procedure;               
and providing for an effective date.                                           
                                                                               
HB 68                                                                        
Representative Cowdery added his 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.                                               
                                                                               
                                                                               
HB 95                                                                        
Representative Bunde added his name as cosponsor to:                           

1997-02-05                     House Journal                      Page 0253
HB 95                                                                        
HOUSE BILL NO. 95                                                             
An Act relating to motor vehicle registration, licensing, and                 
insurance; and providing for an effective date.                                
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 2                                                                         
CSHB 2(FIN) was engrossed, signed by the Speaker and Chief Clerk               
and transmitted to the Senate for consideration.                               
                                                                               
HB 41                                                                        
CSHB 41(L&C) 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.            
                                                                               
The following meetings today have been changed as indicated:                   
                                                                               
Children's Caucus                                                              
12:00 p.m., 2/5 meeting CANCELED                                               
                                                                               
Transportation Committee                                                       
1:00 p.m., 2/5 meeting CHANGED TO:                      2:00 p.m., 2/5         
                                                                               
Judiciary Committee                                                            
1:00 p.m., 2/5 meeting CHANGED TO:	                     2:15 p.m., 2/5         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., February 7, 1997.  There being no              
objection, the House adjourned at 1:31 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk