Legislature(1997 - 1998)

1997-02-13 House Journal

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1997-02-13                     House Journal                      Page 0329
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                      Thursday         February 13, 1997         
                                                                               
                              Thirty-second Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:14 a.m.                                                         
                                                                               
Roll call showed 33 members present.  Representatives Austerman,               
Foster and Moses had been previously excused from a call of the                
House today.  Representative Barnes was excused due to illness.                
Representatives Hanley and Therriault were absent and their presence           
was noted later.  Representative Nicholia was later excused.                   
                                                                               
The invocation was offered by the Chaplain, Pastor 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:                                    
                                                                               
With deepest respect for the religious tradition of each person               
present, let us pray:                                                          
                                                                               
God of past, present and future, allow us a moment to                         
remember those who have gone before us, and all that they                      
were able to accomplish.  Remind us of what a privilege it is                  
to serve.                                                                      
                                                                               
Guide our hearts and our hands, and bless our labor.  Forgive                 
us our harsh words or work that does not serve all people.                     
May the light of this new day break down walls that divide                     
and give us a sense of common purpose.  For this day, we                       
give You thanks.  Amen.                                                        
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Vezey.                      

1997-02-13                     House Journal                      Page 0330
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 31st legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                           
                                                                              
Messages dated, February 12, 1997, were read stating the Senate has            
passed the following, and they are transmitted for consideration:              
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 1                                                                         
CS FOR SENATE BILL NO. 1(FIN) am by the Senate Finance                         
Committee, entitled:                                                           
                                                                               
An Act relating to living and working conditions of prisoners in              
correctional facilities operated by the state, and authorizing the             
commissioner of corrections to negotiate with providers of                     
detention and confinement services under contract to apply those               
conditions and limitations on services to persons held under                   
authority of state law at facilities operated under contract or                
agreement; relating to services provided to prisoners; amending the            
definition of 'severely medically disabled' applicable to prisoners            
seeking special medical parole; amending provisions of the                     
correctional industries program; and extending the termination date            
of the Correctional Industries Commission and the program.                     
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
SB 10                                                                        
SENATE BILL NO. 10 by Senator Mackie, entitled:                                
                                                                               
An Act naming Mountain View Road in Gustavus.                                 
                                                                               
was read the first time and referred to the Transportation Committee.          

1997-02-13                     House Journal                      Page 0331
SB 56                                                                        
SENATE BILL NO. 56 by Senators Green, Pearce and Mackie,                       
entitled:                                                                      
                                                                               
An Act relating to tourist oriented directional signs that are 90             
inches in width and 18 inches in height, relating to penalties for             
violations related to outdoor advertising, and annulling a regulation          
of the Department of Transportation and Public Facilities.                     
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 69                                                                        
The Judiciary Committee has considered:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 69                                      
An Act relating to designating flunitrazepam as a schedule IVA                
controlled substance; and providing for an effective date.                     
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  Green, Porter, Rokeberg, Croft, James, Bunde                     
                                                                               
No recommendation (1):  Berkowitz                                              
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Law, 2/13/97                                        
Zero fiscal note, Dept. of Public Safety, 2/13/97                              
                                                                               
SSHB 69 was referred to the Finance Committee.                                 
                                                                               
SB 74                                                                        
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 74(FIN)                                                
An Act making appropriations concerning the state's position on               
the sovereign powers of Native tribal governments in the state; and            
providing for an effective date.                                               

1997-02-13                     House Journal                      Page 0332
SB 74                                                                        
The report was signed by Representatives Hanley and Therriault, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (5):  Therriault, Hanley, Mulder, Martin, Kohring                      
                                                                               
Do not pass (2):  Davies, Grussendorf                                          
                                                                               
No recommendation (1):  Davis                                                  
                                                                               
CSSB 74(FIN) appears on today's calendar.                                      
                                                                               
**The presence of Representatives Therriault and Hanley was noted.             
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Ninilchik Wolverines Girls' Basketball Team, 1996-97                
Class 2A State Champions                                                       
By Senators Torgerson, Leman; Representative Phillips                          
                                                                               
Honoring - Wing Initial Communications Package Team, Elmendorf                 
Air Force Base, Combat Challenge 1996                                          
By Senator Leman                                                               
                                                                               
and                                                                            
                                                                               
In Memoriam - Mildred E. Shelley                                               
By Senator Duncan; Representatives Elton, Hudson                               
                                                                               
which was taken up later as a Special Order of Business.                       
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 131                                                                       
HOUSE BILL NO. 131 by Representatives Sanders, Rokeberg, and                   
Kohring, entitled:                                                             

1997-02-13                     House Journal                      Page 0333
HB 131                                                                       
An Act providing for an advisory vote on the issue of capital                 
punishment.                                                                    
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
HB 132                                                                       
HOUSE BILL NO. 132 by Representative Davis, entitled:                          
                                                                               
An Act relating to municipal taxation of alcoholic beverages.                 
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, Judiciary and Finance Committees.                                     
                                                                               
                                                                               
HB 133                                                                       
HOUSE BILL NO. 133 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
An Act relating to regulation of architects, engineers, and land              
surveyors; extending the termination date of the State Board of                
Registration for Architects, Engineers, and Land Surveyors; and                
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
HB 134                                                                       
HOUSE BILL NO. 134 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
An Act relating to regulation of barbers and hairdressers;                    
extending the termination date of the Board of Barbers and                     
Hairdressers; and providing for an effective date.                             
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               

1997-02-13                     House Journal                      Page 0334
HB 135                                                                       
HOUSE BILL NO. 135 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
An Act relating to dental licensing; extending the termination                
date of the Board of Dental Examiners; and providing for an                    
effective date.                                                                
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
HB 136                                                                       
HOUSE BILL NO. 136 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
An Act relating to the regulation of physical therapists and                  
physical therapy assistants; extending the termination date of the             
State Physical Therapy and Occupational Therapy Board; and                     
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
HB 137                                                                       
HOUSE BILL NO. 137 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
An Act relating to veterinarians; extending the termination date              
of the Board of Veterinary Examiners; and providing for an                     
effective date.                                                                
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
HB 138                                                                       
HOUSE BILL NO. 138 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               

1997-02-13                     House Journal                      Page 0335
HB 138                                                                       
An Act relating to the Board of Storage Tank Assistance; and                  
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
HB 139                                                                       
HOUSE BILL NO. 139 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
An Act relating to the responsibility for victim notification                 
concerning discretionary parole and special medical parole and                 
extending the termination date of the Board of Parole.                         
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 120                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 120                                                            
An Act relating to the power of the attorney general to waive                 
immunity from suit in federal court; and providing for an effective            
date.                                                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) 4DP                                              311         
	ZERO FISCAL NOTE (LAW)                                            312         
                                                                               
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. 120(JUD)                                                
	(same title)                                                                  
                                                                               

1997-02-13                     House Journal                      Page 0336
HB 120                                                                       
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
120(JUD) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 120(JUD) was read the third time.                                         
                                                                               
The question being:  Shall CSHB 120(JUD) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 120(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  5   ABSENT:  0                              
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis,                 
Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan,               
James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,                  
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
And so, CSHB 120(JUD) 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.           
                                                                               
CSHB 120(JUD) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 74                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 74(FIN)                                                
An Act making appropriations concerning the state's position on               

1997-02-13                     House Journal                      Page 0337
SB 74                                                                        
the sovereign powers of Native tribal governments in the state; and           
providing for an effective date.                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
FIN RPT 5DP 2DNP 1NR                                              331         
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 1, lines 5-13:                                                            
Delete all material.                                                          
Insert a new section to read:                                                 
                                                                               
	* Section 1. (a)  The sum of $167,000 is appropriated from                 
the general fund to the Department of Law for the purpose of                   
representation and advocacy before federal and state courts to                 
appeal the decision of the federal Ninth Circuit Court of Appeals              
in State of Alaska v. Native Village of Venetie Tribal Government              
(9th Cir. Case No. 9635042, decided November 20, 1996).                        
                                                                               
	(b)  The sum of $333,000 is appropriated from the general                    
fund to the Department of Law for the purpose of representation                
and advocacy before federal and state courts to appeal the decision            
of the federal Ninth Circuit Court of Appeals in State of Alaska v.            
Native Village of Venetie Tribal Government (9th Cir. Case No.                 
9635042, decided November 20 1996).                                            
                                                                               
	(c)  The sum of $167,000 is appropriated from the general                    
fund to the legislative operating budget for the purpose of                    
supporting the states interest, including litigation, on the issue of          
sovereign powers of Native tribal governments in the state in light            
of the decision of the federal Ninth Circuit Court of Appeals in               
State of Alaska v. Native Village of Venetie Tribal Government                 
(9th Cir. Case No. 96-35042, decided November 20, 1996).                       
                                                                               
                                                                               
	(d)  The sum of $333,000 is appropriated from the general                    
fund to the legislative operating budget for the purpose of                    
supporting the state's interest, including litigation, on the issue of         
sovereign powers of Native tribal governments in the state in light            

1997-02-13                     House Journal                      Page 0338
SB 74                                                                        
of the decision of the federal Ninth Circuit Court of Appeals in              
State of Alaska v. Native Village of Venetie Tribal Government                 
(9th Cir. Case No. 96-35042, decided November 20, 1996).                       
                                                                               
	* Sec. 2.  The appropriations made in Sec. 1(b) and (d) of this            
Act take effect only if the United States Supreme Court decides to             
remand or to review the federal Ninth Circuit Court of Appeal's                
decision in the case referred to in (b) and (d) above.                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Hanley objected.                                                
                                                                               
Amendment to Amendment No. 1 was offered  by Representative Brice:              
                                                                               
Under Section 1:                                                             
Delete subsection (d)                                                         
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment to Amendment No. 1 be adopted.                                       
                                                                               
Representative Hanley objected.                                                
                                                                               
The question being:  Shall Amendment to Amendment No. 1 be                     
adopted?  The roll was taken with the following result:                        
                                                                               
CSSB 74(FIN)                                                                   
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  10   NAYS:  24   EXCUSED:  5   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina                                                       
                                                                               
Nays:  Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins,                   
Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,              
Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams            
                                                                               

1997-02-13                     House Journal                      Page 0339
SB 74                                                                        
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
Absent:  Sanders                                                               
                                                                               
And so, Amendment to Amendment No. 1 was not adopted.                          
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 74(FIN)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  24   EXCUSED:  5   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina                                                       
                                                                               
Nays:  Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins,                   
Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,              
Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams            
                                                                               
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
Absent:  Sanders                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
Representative Nicholia be excused from a call of the House today.             
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 2 was offered  by Representative Elton:                           
                                                                               
Page 1, line 9:                                                                
	Delete "The"                                                                  
	Insert "Subject to the condition set out in (c) of this section, the"         
                                                                               
Page 1, lines 9 - 10:                                                          
	Delete "legislative operating budget"                                         
	Insert "Legislative Council"                                                  

1997-02-13                     House Journal                      Page 0340
SB 74                                                                        
Page 1, following line 13:                                                     
	Insert a new subsection to read:                                              
	"(c)  The appropriation made in (b) of this section may not be                
encumbered or expended until the encumbrance or expenditure has                
been approved by the Legislative Council in a meeting."                        
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 74(FIN)                                                                   
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  22   NAYS:  12   EXCUSED:  5   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis,                 
Dyson, Elton, Green, Grussendorf, Hanley, Hudson, James, Joule,                
Kelly, Kemplen, Kookesh, Kubina, Phillips, Porter, Rokeberg                    
                                                                               
Nays:  Hodgins, Ivan, Kohring, Kott, Masek, Mulder, Ogan, Ryan,                
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
Absent:  Martin                                                                
                                                                               
And so, Amendment No. 2 was adopted.                                           
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Grussendorf:                     
                                                                               
Page 1, line 5:                                                                
Delete $500,000                                                               
Insert $650,000                                                               
                                                                               
Page 1, lines 9-13:                                                            
Delete all material.                                                          

1997-02-13                     House Journal                      Page 0341
SB 74                                                                        
Representative Grussendorf moved and asked unanimous consent that              
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Hanley objected.                                                
                                                                               
The question being:  Shall Amendment No. 3 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 74(FIN) am H                                                              
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  10   NAYS:  25   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina                                                       
                                                                               
Nays:  Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins,                   
Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,              
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       
                                                                               
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Amendment No. 4 was offered  by Representative Davies:                          
                                                                               
Page 1, line 5:                                                                
	Delete "The"                                                                  
	Insert "Subject to the condition in (c) of this section, the"                 
                                                                               
Page 1, lines 6 - 8:                                                           
Delete "advocating the state's legal position on the sovereign                
powers of Native tribal governments in the state, including                    
representation and advocacy before federal and state courts and                
federal administrative agencies"                                               
Insert "representation and advocacy before federal and state courts           
to appeal the decision of the federal Ninth Circuit Court of                   
Appeals in State of Alaska v. Native Village of Venetie Tribal                 
Government (9th Cir. Case No. 96-35042, decided November20,                    
1996)"                                                                         

1997-02-13                     House Journal                      Page 0342
SB 74                                                                        
Page 1, line 9:                                                                
	Delete "The"                                                                  
	Insert "Subject to the condition in (d) of this section, the"                 
                                                                               
Page 1, following line 13:                                                     
	Insert new subsections to read:                                               
	"(c)  The appropriation made by (a) of this section is                       
conditioned on the Department of Law agreeing to present to the                
legislature a detailed financial account of the expenditures made              
against the appropriation on the 10th day of the 1998 legislative              
session.                                                                       
	(d)  The appropriation made by (b) of this section is                        
conditioned on the Legislative Affairs Agency agreeing to present              
to the legislature a detailed financial account of the expenditures            
made against the appropriation on the 10th day of the 1998                     
legislative session."                                                          
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 4 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
Representative Davies moved and asked unanimous consent to                     
withdraw Amendment No. 4.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Grussendorf:                     
                                                                               
Page 1, line 5:                                                                
Delete $500,000                                                               
Insert $600,000                                                               
                                                                               
Page 1, line 9:                                                                
Delete $500,000                                                               
Insert $200,000                                                               
                                                                               
Representative Grussendorf moved and asked unanimous consent that              
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Hanley objected.                                                

1997-02-13                     House Journal                      Page 0343
SB 74                                                                        
The question being:  Shall Amendment No. 5 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 74(FIN) am H                                                              
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  10   NAYS:  25   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina                                                       
                                                                               
Nays:  Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins,                   
Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,              
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       
                                                                               
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Grussendorf:                     
                                                                               
Page 1, line 14:                                                               
Delete all material.                                                          
Insert a new section to read:                                                 
	* Sec. 2.  The appropriations made by section one of this Act              
lapse on the earlier date of June 30, 1998, or the date when the               
decision of the Ninth Circuit Court of Appeals in the case                     
described in section one (b) of this Act becomes final.                        
                                                                               
                                                                               
Representative Grussendorf moved and asked unanimous consent that              
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
                                                                               
The question being:  Shall Amendment No. 6 be adopted?  The roll               
was taken with the following result:                                           
                                                                               

1997-02-13                     House Journal                      Page 0344
SB 74                                                                        
                                                                               
CSSB 74(FIN) am H                                                              
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  10   NAYS:  25   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina                                                       
                                                                               
Nays:  Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins,                   
Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,              
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       
                                                                               
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Brice:                           
                                                                               
Page 1, line 10, following purpose of:                                         
Delete supporting the state's interest, including litigation,                 
Insert submitting a brief                                                     
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 7 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 7 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 74(FIN) am H                                                              
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  10   NAYS:  23   EXCUSED:  5   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina                                                       
                                                                               

1997-02-13                     House Journal                      Page 0345
SB 74                                                                        
Nays:  Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins,                   
Hudson, Ivan, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan,               
Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams                     
                                                                               
Excused:  Austerman, Barnes, Foster, Moses, Nicholia                           
                                                                               
Absent:  James, Therriault                                                     
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
The Speaker stated that CSSB 74(FIN) am H will be in third reading             
on the February 14, 1997, calendar.                                            
                                                                               
Representative Porter moved and asked unanimous consent that the               
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Nicholia - from 6:45 p.m., plane time, February 12 to           
10:00 p.m., plane time, February 17, 1997 (amended from pages 323              
and 339).                                                                      
                                                                               
The voting records before Representative Nicholia's excused absence            
on page 339 were changed to reflect that she was excused.                      
                                                                               
                            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 - The Iditarod Sled Dog Race                                          
By Representatives Masek, Phillips, Austerman, Berkowitz, Brice,               
Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley,               
Hodgins, Hudson, Ivan, James, Kemplen, Kohring, Kott, Kubina,                  
Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                
                                                                               
Honoring - Katherine Weber Baker                                               
By Representatives Kelly, Phillips, Berkowitz, Brice, Bunde, Davies,           
Davis, James, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg,                  
Sanders, Therriault, Vezey, Williams                                           

1997-02-13                     House Journal                      Page 0346
Honoring - Noorvik Bears Boys' Basketball Team, Class IA State                 
Champions                                                                      
By Representatives Joule, Phillips, Berkowitz, Croft, Davies, Davis,           
Elton, Foster, Green, Hanley, Ivan, James, Kemplen, Kohring, Kott,             
Kubina, Masek, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders,                
Therriault, Williams; Senator Adams                                            
                                                                               
Honoring - The Noorvik Bears Girls' Basketball Team, Region IA                 
Champions                                                                      
By Senator Adams; Representatives Joule, Foster, Phillips, Berkowitz,          
Croft, Davies, Davis, Elton, Green, Ivan, James, Kemplen, Kohring,             
Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Rokeberg, Ryan,                   
Sanders, Therriault, Williams                                                  
                                                                               
Honoring - Anchorage BP Teachers of Excellence                                 
By Senator Pearce; Representatives Phillips, Berkowitz, Brice, Bunde,          
Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, James,                
Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia,               
Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams             
                                                                               
Honoring - Catherine Attla, 1997 Governor's Award for Native Arts              
By Senator Lincoln; Representatives Nicholia, Berkowitz, Brice,                
Bunde, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James,                 
Kemplen, Kohring, Kott, Kubina, Masek, Ogan, Porter, Rokeberg,                 
Ryan, Vezey, Williams                                                          
                                                                               
Honoring - Frederick Joseph Venchenko                                          
By Senator Taylor; Representatives Williams, Berkowitz, Davis,                 
Grussendorf, Ivan, James, Kott, Mulder, Nicholia, Ogan, Porter,                
Rokeberg, Sanders, Therriault, Vezey                                           
                                                                               
Honoring - Jewel Kilcher, Best New Rock/Pop Artist, American Music             
Awards                                                                         
By Senator Torgerson; Representatives Phillips, Berkowitz, Brice,              
Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson,               
James, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia,                
Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams                   
                                                                               
Honoring - Petty Officer Cheryl Ann Borg                                       
By Senator Taylor; Representatives Berkowitz, Brice, Davies, Davis,            
Elton, Foster, Ivan, James, Kemplen, Kott,  Masek, Mulder, Nicholia,           
Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams                   

1997-02-13                     House Journal                      Page 0347
In Memoriam - Marie S. Taressaq Active                                         
By Representatives Ivan, Phillips, Berkowitz, Croft, Davies, Davis,            
Elton, Foster, James, Kemplen, Kohring, Kott, Kubina, Mulder,                  
Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams         
                                                                               
In Memoriam - Katherine Mulkiet McGill                                         
By Representatives Ivan, Phillips, Berkowitz, Davies, Davis, Elton,            
Foster, James, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg,                 
Sanders, Vezey, Williams; Senator Hoffman                                      
                                                                               
In Memoriam - Lawrence Wayne Shields, Sr.                                      
By Senator Taylor; Representatives Williams, Phillips, Berkowitz,              
Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James,                 
Kemplen, Kohring, Kott, Kubina, Mulder, 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 Brice - from 6:42 p.m., plane time, February 13 to 9:33         
a.m., plane time, February 17, 1997                                            
                                                                               
Representative Davies - from 6:42 p.m., plane time, February 14 to             
9:33 a.m., plane time, February 17, 1997                                       
                                                                               
Representative Mulder - from 1:22 p.m., plane time, February 21 to             
9:33 a.m., plane time, February 22, 1997                                       
                                                                               
Representative Ryan - from 6:42 p.m., plane time, February 16 to 9:43          
a.m., plane time, February 18, 1997                                            
                                                                               
Representative Hodgins - from 2:37 p.m., plane time, February 20 to            
9:34 a.m, plane time, February 24, 1997 (amended from page 323)                
                                                                               
                                                                               
HB 89                                                                        
The Speaker added a Finance Committee referral to follow the                   
Resources Committee referral for the following:                                

1997-02-13                     House Journal                      Page 0348
HB 89                                                                        
HOUSE BILL NO. 89                                                             
An Act relating to the Shuyak Island State Park.                              
                                                                               
HB 89 is in the Resources Committee.                                           
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
citations Honoring - Hunter Education Program Volunteers and In                
Memoriam - Mildred E. Shelley 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 all               
members of the House be shown as cosponsors of the citation In                 
Memoriam - Mildred E. Shelley.   There being no objection, it was so           
ordered.                                                                       
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citations.  There being no objection, the following          
citations were approved and sent to enrolling:                                 
                                                                               
Honoring - Hunter Education Program Volunteers                                 
By Representatives Bunde, Dyson, Kohring, Ogan, Ryan                           
                                                                               
In Memoriam - Mildred E. Shelley                                               
By Senator Duncan; Representatives Elton, Hudson, Phillips,                    
Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,            
Davis, Dyson,  Foster, Green, Grussendorf, Hanley, Hodgins, Ivan,              
James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,                  
Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg,                
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 51                                                                        
Representatives Hodgins, Vezey, Bunde, Cowdery, Mulder and                     
Kohring added their names as cosponsors to:                                    
                                                                               
HOUSE BILL NO. 51                                                             
An Act relating to the Department of Environmental                            
Conservation.                                                                  

1997-02-13                     House Journal                      Page 0349
HB 116                                                                       
Representative Ogan added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 116                                                            
An Act relating to workers' compensation self-insurance.                      
                                                                               
HB 120                                                                       
Representatives Ogan and Croft added their names as cosponsors to:             
                                                                               
CS FOR HOUSE BILL NO. 120(JUD)                                                
An Act relating to the power of the attorney general to waive                 
immunity from suit in federal court; and providing for an effective            
date.                                                                          
                                                                               
                                                                               
SB 1                                                                         
Representative Mulder added his name as cross sponsor to:                      
                                                                               
CS FOR SENATE BILL NO. 1(FIN) am                                              
An Act relating to living and working conditions of prisoners in              
correctional facilities operated by the state, and authorizing the             
commissioner of corrections to negotiate with providers of                     
detention and confinement services under contract to apply those               
conditions and limitations on services to persons held under                   
authority of state law at facilities operated under contract or                
agreement; relating to services provided to prisoners; amending the            
definition of `severely medically disabled' applicable to prisoners            
seeking special medical parole; amending provisions of the                     
correctional industries program; and extending the termination date            
of the Correctional Industries Commission and the program.                     
                                                                               
                                                                               
SB 56                                                                        
Representative Rokeberg added his name as cross sponsor to:                    
                                                                               
SENATE BILL NO. 56                                                            
An Act relating to tourist oriented directional signs that are 90             
inches in width and 18 inches in height, relating to penalties for             
violations related to outdoor advertising, and annulling a regulation          
of the Department of Transportation and Public Facilities.                     
                                                                               
                                                                               

1997-02-13                     House Journal                      Page 0350
                                 ENGROSSMENT                                 
                                                                               
HB 120                                                                       
CSHB 120(JUD) 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:                   
                                                                               
Minority Caucus                                                                
upon adj., 2/13	CANCELED                                                       
                                                                               
House Special Committee on World Trade and State/Federal Relations             
5:00 p.m., 2/13 meeting CANCELED                                               
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., February 14, 1997.  There being no             
objection, the House adjourned at 11:46 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk