Legislature(1997 - 1998)

1997-02-17 House Journal

Full Journal pdf

1997-02-17                     House Journal                      Page 0369
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday          February 17, 1997         
                                                                               
                               Thirty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:01 a.m.                                                         
                                                                               
                                                                               
Roll call showed 24 members present.  Representatives Foster, Masek,           
Moses, Nicholia and Ryan had been previously excused from a call of            
the House today.  Representative Green was absent and his presence             
was noted later.                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following members' previous excuse be extended through today:                  
Representatives Hodgins (p. 227); Austerman, Croft and Kemplen                 
(p.275); Joule (p. 296); Therriault (p. 297); Brice and Davies (p. 347);       
and, Cowdery and Kohring  (p. 361).  There being no objection, it was          
so ordered.                                                                    
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Larry Olson of            
the Eagle Wings Community Church.  Representative Hudson moved                 
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
Dear Lord,                                                                    
                                                                               
Watch over the men and women of this House.  Grant them                       
wisdom, create in them a thirst for justice, give them vision to               
see accurately the effect their actions will have on the people,               
the land and waters and wildlife of this state, and give them                  
hearts to care.                                                                
                                                                               

1997-02-17                     House Journal                      Page 0370
We pray for those people and those causes we name silently                    
now.                                                                           
                                                                               
Amen                                                                          
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Porter.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 33rd, 34th and 35th legislative days be approved as            
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated February 14, 1997, was read stating the Senate has             
passed the following, and it is transmitted for consideration:                 
                                                                               
                         FIRST READING AND REFERENCE                          
                             OF SENATE RESOLUTIONS                            
                                                                               
SJR 8                                                                        
SENATE JOINT RESOLUTION NO. 8 by Senators Torgerson, Pearce,                   
Taylor and Duncan:                                                             
                                                                               
Urging the United States Congress to give an affirmative                      
expression of approval to a policy authorizing the state to regulate,          
restrict, or prohibit the export of unprocessed logs harvested from            
its land and from the land of its political subdivisions and the               
University of Alaska.                                                          
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             

1997-02-17                     House Journal                      Page 0371
Office of the Governor                                                         
Office of Equal Employment Opportunity                                         
Status of Equal Employment Opportunity and                                     
Affirmative Action in Alaska State Government                                  
1996 Annual Report                                                             
(as required by AS 44.19.451(a)(12))                                           
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 22                                                                        
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 22                                                             
An Act relating to civil liability for illegal sales of alcoholic             
beverages; and providing for an effective date.                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 22(JUD)                                                 
An Act relating to civil liability for illegal sale or barter of an           
alcoholic beverage or a controlled substance; and providing for an             
effective date.                                                                
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (7):  Croft, Rokeberg, Porter, Green, Bunde, James, Berkowitz          
                                                                               
The following fiscal notes apply to CSHB 22(JUD):                              
                                                                               
Zero fiscal note, Alaska Court System, 2/17/97                                 
Zero fiscal note, Dept. of Law, 2/17/97                                        
Zero fiscal note, Dept. of Revenue, 2/17/97                                    
                                                                               
HB 22 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 94                                                                        
The Community & Regional Affairs Committee has considered:                     

1997-02-17                     House Journal                      Page 0372
HB 94                                                                        
HOUSE BILL NO. 94                                                             
An Act relating to confidentiality of certain municipal tax                   
records.                                                                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 94(CRA)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (5):  Ogan, Ivan, Sanders, Kookesh, Dyson                              
                                                                               
The following fiscal note applies to CSHB 94(CRA):                             
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 2/17/97               
                                                                               
HB 94  was referred to the Finance Committee.                                  
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Doug and Edith Weathers, Vision Award, 1996 North                   
Peninsula Chamber of Commerce                                                  
By Representatives Hodgins, Phillips, Davis; Senators Torgerson, Ward          
                                                                               
Honoring - Redoubt Homemakers, Community Service Award, 1996                   
North Peninsula Chamber of Commerce                                            
By Representatives Hodgins, Phillips, Davis; Senators Torgerson, Ward          
                                                                               
Honoring - Unocal Corporation's Kenai Facility, 1996 Industry Award,           
North Peninsula Chamber of Commerce                                            
By Representatives Hodgins, Phillips, Davis; Senators Torgerson, Ward          
                                                                               
Honoring - Bill White, 1996 President's Award, North Peninsula                 
Chamber of Commerce                                                            
By Representatives Hodgins, Phillips, Davis; Senators Torgerson, Ward          

1997-02-17                     House Journal                      Page 0373
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 9                                                                        
HOUSE CONCURRENT RESOLUTION NO. 9 by Representative                            
Rokeberg:                                                                      
                                                                               
Proposing amendments to the Uniform Rules of the Alaska State                 
Legislature relating to committee meetings; and providing for an               
effective date.                                                                
                                                                               
was read the first time and referred to the State Affairs, Finance and         
Rules Committees.                                                              
                                                                               
HCR 10                                                                       
HOUSE CONCURRENT RESOLUTION NO. 10 by Representative                           
Hudson:                                                                        
                                                                               
Supporting construction of the east Lynn Canal highway.                       
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
HJR 23                                                                       
HOUSE JOINT RESOLUTION NO. 23 by Representatives Hudson                        
and Grussendorf:                                                               
                                                                               
Relating to the seizure and sale of Alaska commercial fishing entry           
permits by the United States Internal Revenue Service.                         
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               
**The presence of Representative Green was noted.                              
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 58                                                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58 by                                    
Representatives Porter and Cowdery, entitled:                                  

1997-02-17                     House Journal                      Page 0374
HB 58                                                                        
                                                                               
An Act relating to civil actions; relating to independent counsel             
provided under an insurance policy; relating to attorney fees;                 
amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska                  
Rules of Civil Procedure; amending Rule 702, Alaska Rules of                   
Evidence; amending Rule 511, Alaska Rules of Appellate                         
Procedure; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
HB 141                                                                       
HOUSE BILL NO. 141 by Representative Austerman, entitled:                      
                                                                               
An Act relating to a vessel permit moratorium for the Alaska                  
weathervane scallop fishery; relating to management of the scallop             
fisheries; and providing for an effective date.                                
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
HB 142                                                                       
HOUSE BILL NO. 142 by Representative Davis, entitled:                          
                                                                               
An Act relating to the sale of new or used motor vehicles;                    
relating to the confidentiality of certain information related to              
attorney general investigations of unlawful trade practices and                
antitrust activities; establishing additional unlawful trade practices;        
relating to the mail order catalog exemption from telephonic                   
solicitation regulation; regulating the sale of business                       
opportunities; amending Rules 4 and 73, Alaska Rules of Civil                  
Procedure; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
HB 143                                                                       
HOUSE BILL NO. 143 by Representative Vezey, entitled:                          

1997-02-17                     House Journal                      Page 0375
HB 143                                                                       
An Act relating to the art in public places requirements for state-           
owned and state-leased buildings and facilities.                               
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SENATE BILLS IN THIRD READING                        
                                                                               
SB 74                                                                        
The following, which had been held in third reading to today's                 
calendar (page 360), was again before the House:                               
                                                                               
CS FOR SENATE BILL NO. 74(FIN) am H                                           
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.                                               
                                                                               
The Speaker stated that CSSB 74(FIN) am H would be held in third               
reading until the February 18, 1997, calendar.                                 
                                                                               
                            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 - Judge Charles K. Cranston, 1996 Log Cabin Award, Kenai              
Chamber of Commerce                                                            
By Representatives Hodgins, Phillips, Davis, Berkowitz, Croft, Davies,         
Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott,                
Mulder, Ogan, Porter, Rokeberg, Sanders, Therriault, Williams;                 
Senators Torgerson, Ward                                                       
                                                                               
Honoring - Nikiski Girls' Basketball Team, 1996-97 Class 3A State              
Champions, Academically and Athletically                                       
By Representatives Hodgins, Phillips, Davis, Berkowitz, Croft, Davies,         
Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly,                  
Kemplen, Kohring, Kott, Kubina, Mulder, Ogan, Porter, Rokeberg,                
Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward           

1997-02-17                     House Journal                      Page 0376
Honoring - Juneau Douglas Crimson Bears, 1996/1997 4A State                    
Basketball Champions                                                           
By Representatives Hudson, Elton, Phillips, Berkowitz, Croft, Davies,          
Davis, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly,                  
Kemplen, Kohring, Kott, Kubina, Mulder, Ogan, Porter, Rokeberg,                
Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan                     
                                                                               
                                                                               
                             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 Ogan - from 6:00 a.m., plane time, February 28 to 9:59          
a.m., plane time, March 5, 1997                                                
                                                                               
Representative Davis - from 5:00 a.m., plane time, February 28 to 9:53         
p.m., plane time, March 4, 1997 (amended from page 205)                        
                                                                               
                                                                               
HB 1                                                                         
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 1                                                              
An Act relating to taxes on cigarettes and tobacco products; and              
providing for an effective date.                                               
                                                                               
HB 51                                                                        
Representative Williams added his name as cosponsor to:                        
                                                                               
HOUSE BILL NO. 51                                                             
An Act relating to the Department of Environmental                            
Conservation.                                                                  
                                                                               
HB 116                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 116                                                            
An Act relating to workers' compensation self-insurance.                      
                                                                               

1997-02-17                     House Journal                      Page 0377
SJR 8                                                                        
Representatives Grussendorf and James added their names as cross               
sponsors to:                                                                   
                                                                               
SENATE JOINT RESOLUTION NO. 8                                                 
Urging the United States Congress to give an affirmative                      
expression of approval to a policy authorizing the state to regulate,          
restrict, or prohibit the export of unprocessed logs harvested from            
its land and from the land of its political subdivisions and the               
University of Alaska.                                                          
                                                                              
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
The following meetings today have been changed as indicated:                   
                                                                               
Finance Committee                                                              
1:30 p.m., 2/17 meeting CANCELED                                               
                                                                               
Judiciary Subcommittee            Capitol 106          4:00 p.m., 2/17         
HB 3, HB 6 and HCR 4                                                           
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., February 18, 1997.  There being no             
objection, the House adjourned at 11:21 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk