Legislature(1997 - 1998)
1997-02-10 House Journal
Full Journal pdf1997-02-10 House Journal Page 0285 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday February 10, 1997 Twenty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:00 a.m. Roll call showed 37 members present. Representatives Moses and Williams had been previously excused from a call of the House today. Representative Porter moved and asked unanimous consent that Representative Kubina's excuse (page 227) be extended through today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Greg Lindsay of the Northern Light United Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: In respect of the various traditions represented here, let us pray: Gracious and loving God, teach us today the meaning of servant-hood. Through Your great generosity, O God, give us ears that hear with genuine interest. Give us hands that work for justice and mercy. Give us minds that find creative solutions to today's problems. And give us hearts that celebrate life, and are full of compassion. For this day and all the opportunities it holds before us, we give thanks. Amen. The Pledge of Allegiance was led by Representative Barnes. 1997-02-10 House Journal Page 0286 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 26th, 27th and 28th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 7, 1997, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: The following appointments were referred to the Labor & Commerce Committee: Alaska State Board of Public Accountancy Linda Thomas - Juneau Appointed: 06/25/96 Expires: 04/25/00 State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Appointed: 07/01/96 Expires: 07/01/00 Patrick H. Kalen - Fairbanks Appointed: 07/01/96 Expires: 07/01/00 Robert E. Miller, Ph.D., P.E. - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Board of Barbers and Hairdressers Sheryl L. Sutton - Juneau Appointed: 07/30/96 Expires: 07/01/00 Board of Chiropractic Examiners LeRoy (Lee) D. Nordstrom, D.C. - Anchorage Appointed: 07/15/92 Reappointed: 09/11/96 Expires: 07/15/00 Board of Clinical Social Work Examiners Diane DiSanto - Anchorage Appointed: 09/11/96 Expires: 07/01/00 1997-02-10 House Journal Page 0287 Board of Dispensing Opticians Mary C. Seutter - Wasilla Appointed: 08/10/95 Reappointed: 05/15/96 Expires: 06/14/00 Alaska Labor Relations Agency Robert A. Doyle - Palmer Appointed: 10/07/94 Reappointed: 08/21/96 Expires: 06/30/99 Blair Schad - Fairbanks Appointed: 08/28/96 Expires: 06/30/98 Board of Marine Pilots Bernie Smith - Anchorage Appointed: 10/02/95 Reappointed: 01/02/97 Expires: 06/01/00 Board of Certified Direct-Entry Midwives Kaye Kanne - Juneau Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Pam Weaver - Chugiak Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Board of Nursing Josephine Malemute - Fairbanks Appointed: 08/30/95 Reappointed: 05/15/96 Expires: 03/31/00 Board of Examiners in Optometry William D. Faulkner, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/00 Aharon Sternberg, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/99 Board of Pharmacy Bonnie R. Stewart - Anchorage Appointed: 01/02/97 Expires: 04/01/00 Stanley P. Thompson, R.Ph. - Anchorage Appointed: 04/09/92 Reappointed: 01/02/97 Expires: 04/01/00 State Physical Therapy and Occupational Therapy Board Dee Berline - Anchorage Appointed: 05/15/96 Expires: 01/01/00 Cary S. Keller, M.D. - Fairbanks Appointed: 10/13/92 Reappointed: 01/02/97 Expires: 09/01/00 1997-02-10 House Journal Page 0288 Lawrence W. Seethaler, L.P.T. - Anchorage Appointed: 09/03/92 Reappointed: 01/02/97 Expires: 09/01/00 Board of Psychologist and Psychological Associate Examiners Susan L. Baxter, M.S. - Anchorage Appointed: 08/21/96 Expires: 07/01/00 E. Ben Crawford, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/98 Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95 Reappointed: 08/21/96 Expires: 07/01/00 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/97 Board of Certified Real Estate Appraisers Eileen R. Bechtol - Homer Appointed: 06/25/96 Expires: 06/30/99 Susan K. Crosson - Anchorage Appointed: 06/25/96 Expires: 06/30/98 Jon B. Wolfe - Douglas Appointed: 06/25/96 Expires: 06/30/00 Board of Veterinary Examiners William G. Lewis - North Pole Appointed: 06/25/96 Expires: 01/31/00 James L. Morris, D.V.M. - Wasilla Appointed: 01/02/97 Expires: 01/15/01 Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Expires: 01/31/99 Alaska Workers' Compensation Board Valerie K. Baffone - Anchorage Appointed: 11/08/96 Expires: 07/01/97 John Giuchici - Fairbanks Appointed: 10/10/91 Reappointed: 07/15/93, 06/25/96 Expires: 07/01/99 Steve Hagedorn - Anchorage Appointed: 08/19/91 Reappointed: 07/01/93, 06/25/96 Expires: 07/01/99 Harriet M. Lawlor - Anchorage Appointed: 07/20/95 Reappointed: 06/25/96 Expires: 07/01/99 1997-02-10 House Journal Page 0289 Shawn Pierre - Chugiak Appointed: 11/08/96 Expires: 07/01/97 The following appointment was referred to the Finance Committee: Alcoholic Beverage Control Board Robert J. Klein - Anchorage Appointed: 05/31/95 Reappointed: 01/02/97 Expires: 01/31/00 The following appointments were referred to the Resources Committee: Alaska Commercial Fisheries Entry Commission (CFEC) Marlene A. Johnson - Juneau Appointed: 12/16/96 Expires: 07/01/99 Bruce C. Twomley - Juneau Appointed: 10/06/82 Reappointed: 08/18/88, 07/21/92, 10/11/96 Expires: 07/01/00 Board of Game Michael R. Fleagle - McGrath Appointed: 10/20/96 Expires: 01/31/99 Gregory P. Streveler - Gustavus Appointed: 10/20/96 Expires: 01/31/99 Alaska Oil and Gas Conservation Commission Mary Coffey Marshburn - Homer Appointed: 01/01/97 Expires: 12/31/02 The following appointments were referred to the Health, Education & Social Services Committee: Board of Education Roy M. Nageak, Sr. - Barrow Appointed: 01/02/97 Expires: 01/31/99 Marilyn Webb - Juneau Appointed: 02/10/95 Reappointed: 01/02/97 Expires: 01/31/02 1997-02-10 House Journal Page 0290 Alaska Mental Health Trust Authority Board of Trustees John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96 Expires: 03/03/01 Professional Teaching Practices Commission Mary Lou Madden - Juneau Appointed: 10/07/94 Reappointed: 07/22/96 Expires: 07/01/99 Thomas L. Matheson - Dillingham Appointed: 07/23/93 Reappointed: 07/22/96 Expires: 07/01/99 Christine A. Miller - Fairbanks Appointed: 07/22/96 Expires: 07/01/99 The following appointments were referred to the State Affairs Committee: State Commission for Human Rights Martha L. Gore - Anchorage Appointed: 05/15/96 Expires: 01/31/01 Personnel Board Katie T. Hurley - Wasilla Appointed: 08/01/96 Expires: 06/20/02 Alaska Public Offices Commission (APOC) Joyce Michaelson - Anchorage Appointed: 06/25/96 Expires: 02/01/01 The following appointments were referred to the Judiciary Committee: Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Expires: 12/31/98 Alaska Public Utilities Commission (APUC) James M. Posey - Anchorage Appointed: 01/21/97 Expires: 10/31/02 Violent Crimes Compensation Board Louann Cutler - Anchorage Appointed: 01/02/97 Expires: 12/15/99 1997-02-10 House Journal Page 0291 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Expires: 12/15/98 The following appointments were referred to the Health, Education & Social Services and Labor & Commerce Committees: State Medical Board Beverly Fletcher - Juneau Appointed: 08/11/95 Reappointed: 08/21/96 Expires: 08/13/00 Donald G. Hudson, D.O. - Anchorage Appointed: 08/11/95 Reappointed: 05/15/96 Expires: 04/21/00 Sarah A. Isto, M.D. - Juneau Appointed: 08/11/95 Reappointed: 11/08/96 Expires: 11/06/00 Suzanne H. Lombardi - Anchorage Appointed: 08/11/95 Reappointed: 01/02/97 Expires: 01/09/01 Donald C. Olson, M.D. - Nome Appointed: 08/11/95 Reappointed: 07/22/96 Expires: 07/08/00 Resumes for the appointments are on file in the Chief Clerk's office. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Celebrating - Chugiak 50th Anniversary By Representatives Kohring, Dyson, Kott, Ogan; Senators Halford, Phillips, Green Honoring - Valerie Demming, 1996 Alaska School Counselor of the Year Award By Representative Brice Honoring - Anders Iyaaka Apassingok, Sr. By Senator Adams; Representatives Foster, Joule Honoring - Van Maasak Edwardsen and Dorothy Panikpak Edwardsen By Senator Adams; Representative Joule 1997-02-10 House Journal Page 0292 In Memoriam - Charlie Pam'lqairia Pleasant By Representative Ivan; Senator Hoffman In Memoriam - Joseph Kuignaq Pavil By Representative Ivan; Senator Hoffman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 121 HOUSE BILL NO. 121 by Representative Williams, entitled: An Act relating to A.W. Brindle memorial scholarship loans; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services Committee. HB 122 HOUSE BILL NO. 122 by the House Rules Committee by request of the Governor, entitled: An Act relating to prisoner litigation, post-conviction relief, and sentence appeals and to execution on judgments against prisoners' accounts; amending Alaska Rule of Administrative Procedure 10(e), Alaska Rule of Appellate Procedure 502(b), Alaska Rule of Civil Procedure 26, and Alaska Rule of Criminal Procedure 35; 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: Zero fiscal notes (2), Dept. of Administration, 2/10/97 Zero fiscal note, Dept. of Corrections, 2/10/97 Zero fiscal note, Dept. of Law, 2/10/97 The Governor's transmittal letter, dated February 10, 1997, appears below: 1997-02-10 House Journal Page 0293 HB 122 Dear Speaker Phillips I am transmitting this bill to further enhance the positive effects of a 1995 law aimed at reducing frivolous litigation filed by state prisoners. The bill clarifies a prisoner must pay filing fees in all types of legal actions against the state, including discretionary appellate review. It also ensures the court will consider all prisoner financial accounts in determining whether an exemption from the filing fee is warranted. This is an extension of the 1995 law (Chair. 79, SLA 1995) which requires a prisoner to pay the usual filing fees for bringing a legal action against the state, unless the court finds the prisoner qualifies for an exemption based on financial information. This bill requires the prisoner to submit information about money in accounts outside the prison as well as in-prison accounts. The law enacted in 1995 provides that automatic disclosure provisions of Alaska Rule of Civil Procedure 16.1 do not apply to litigation filed by prisoners. But a corresponding exemption from a similar provision in a separate court rule (Alaska Rule of Civil Procedure 26) was inadvertently not included in the earlier bill. This bill repairs that omission. The rationale for automatic disclosure--reducing the cost and duration of litigation by cooperative discovery--does not readily apply in most litigation brought by prisoners. Prisoners are generally not willing or able to participate in discovery and, as a result, the state is obliged to furnish full information while prisoners furnish no information to the state. This is expensive and unnecessary, especially in litigation that is often without merit. The bill adds a provision to allow continuing liens on prisoner accounts at correctional facilities. The state can execute a judgment for costs and attorneys fees against a prisoners account. Currently, whether the state is successful in collecting the judgment depends on whether the prisoner has money in the account at the time. Under a continuing lien, the state can recover the money whenever the prisoners account has money available. This will reduce costs of collection so valid judgments are more timely satisfied. 1997-02-10 House Journal Page 0294 HB 122 Finally, the bill limits the time in which the court may allow a person to file a late appeal or request for discretionary review of the conviction or sentence to no more than 60 days after the originally specified time. Unreasonably late challenges to convictions and sentences undermine the administration of justice, resulting in litigation of stale claims with witnesses whose memories have faded. Victims, witnesses and the public should be able to depend on the finality of judgments once a defendant has had a reasonable opportunity to challenge a conviction and sentence. The 1995 law has already proven effective in reducing frivolous prisoner litigation. This bill will strengthen that effort. Sincerely, /s/ Tony Knowles Governor HB 123 HOUSE BILL NO. 123 by Representative Ivan, entitled: An Act relating to the repeal of the termination date of the federal tax obligation loan program under the Commercial Fishing Loan Act; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that all members of the House be shown as cosponsors of the citations Honoring - Carol Dickason and Honoring - Erik David Drygas. There being no objection, it was so ordered. 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: 1997-02-10 House Journal Page 0295 Honoring - Carol Dickason By Representatives Barnes, Phillips, Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Martin Foster, BP Teacher of Excellence By Representatives Davies, Phillips, Berkowitz, Brice, Bunde, Croft, Elton, Foster, Green, Grussendorf, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Honoring - Terrell and Linda Lewis, 1996 Small Business of the Year for Alaska By Representatives Brice, Phillips, Berkowitz, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Honoring - Erik David Drygas By Senator Wilken; Representatives Kelly, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Mattie Aanavak Bodfish By Senator Adams; Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Ivan, James, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault Honoring - 1997 National Engineers' Week By Senator Leman; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey 1997-02-10 House Journal Page 0296 Honoring - The Sand Point Girls' Basketball Team, Class 1A State Champions By Senator Hoffman; Representatives Moses, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Rokeberg, Sanders, Ryan, Therriault, Vezey Honoring - The Unalaska Boys' Basketball Team, Class 2A State Champions By Senator Hoffman; Representatives Moses, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey In Memoriam - Reverend Samuel Saalaagruk Siliuna Simmonds By Senator Adams; Representatives Joule, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Foster, Ivan, James, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey In Memoriam - Mary Nicholoff By Senators Lincoln, Leman; Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Ivan, James, Joule, Kemplen, Kohring, Kott, Masek, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kemplen - from 6:45 p.m., plane time, February 27 to 9:56 p.m., plane time, March 4, 1997 Representative Joule - from 1:22 p.m., plane time, February 14 to 9:53 p.m., plane time, February 16, 1997 Representative Cowdery - from 6:00 p.m., plane time, February 28 to 9:00 p.m., plane time, March 3, 1997 1997-02-10 House Journal Page 0297 Representative Therriault - from 6:25 p.m., plane time, February 14 to 9:33 a.m., plane time, February 17; and, from 1:22 p.m., plane time, February 28 to 9:53 p.m., plane time, March 2, 1997 HCR 8 Representative Foster added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. HJR 20 Representative Foster added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 20 Relating to RS 2477 rights-of-way. HB 95 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 95 An Act relating to motor vehicle registration, licensing, and insurance; and providing for an effective date. ENROLLMENT HCR 1 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 12:45 p.m., February 10, 1997: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR) Relating to a new Alaska liquefied natural gas project. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1997-02-10 House Journal Page 0298 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 12, 1997. There being no objection, the House adjourned at 11:30 a.m. Suzi Lowell Chief Clerk