Legislature(1997 - 1998)
1997-02-18 House Journal
Full Journal pdf1997-02-18 House Journal Page 0379 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday February 18, 1997 Thirty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:06 a.m. Roll call showed 34 members present. Representatives Barnes, Kohring and Therriault were absent and their presence was noted later. Representative Porter moved and asked unanimous consent that the following members previous excuse be extended through today: Representatives Moses (p. 257) whose presence was later noted, Nicholia (p. 323) and Ryan (p. 347). There being no objection, it was so ordered. The invocation was offered by the Chaplain Designee, Representative Kelly. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Let us pray. Thank You for this opportunity Lord to gather as reasonable men and women with reasonable disagreements, but with a single goal, and that is a better state of Alaska. Let our discourse be civil, let our methods be moderate, and let our beliefs be fired with a great passion. But most of all, let all that will -- be -- Oh heavenly Father, so that we may carry out that single goal. We ask this in Jesus name. Amen. 1997-02-18 House Journal Page 0380 The Pledge of Allegiance was led by Representative Martin. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 36th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends ratification of the reappointment: Shirley McCoy as a public member of the Select Committee on Legislative Ethics. The report was signed by Representative Green, Chair; and, Representatives Berkowitz, Bunde, James, Porter and Rokeberg. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Echo Bay By Representatives Hudson, Elton; Senator Duncan Honoring - The Volunteers and Participants in the Anchorage City of Lights Program By Representative Rokeberg Honoring - Sandy and Jerry Harper, 1997 Governor's Award for Arts Organizations By Representative Croft 1997-02-18 House Journal Page 0381 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 144 HOUSE BILL NO. 144 by the House State Affairs Committee, entitled: An Act authorizing the Department of Environmental Conservation to charge certain fees relating to registration of pesticides and broadcast chemicals; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 145 HOUSE BILL NO. 145 by the House Health, Education & Social Services Committee, entitled: An Act relating to certification of teachers. was read the first time and referred to the Health, Education & Social Services Committee. HB 146 HOUSE BILL NO. 146 by the House Health, Education & Social Services Committee, entitled: An Act relating to competency testing requirements for secondary students; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services Committee. HB 147 HOUSE BILL NO. 147 by the House Health, Education & Social Services Committee, entitled: 1997-02-18 House Journal Page 0382 HB 147 An Act relating to charter schools and to the establishment of state boarding schools. was read the first time and referred to the Health, Education & Social Services Committee. HB 148 HOUSE BILL NO. 148 by the House Health, Education & Social Services Committee, entitled: An Act relating to the public school funding program; relating to the definition of a school district, to the transportation of students, to school district layoff plans, to the special education service agency, to the child care grant program, and to compulsory attendance in public schools; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. **The presence of Representative Barnes was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 20 The following was read the second time: HOUSE BILL NO. 20 An Act relating to dog mushers' contests. with the: Journal Page STA RPT 4DP 1DNP 1NR 132 ZERO FISCAL NOTE (REV) 133 FIN RPT CS(FIN) 6DP 2DNP 2NR 237 ZERO FISCAL NOTE (REV) 1/24/97 238 1997-02-18 House Journal Page 0383 HB 20 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. 20(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 20(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 20(FIN) was read the third time. **The presence of Representative Therriault was noted. The question being: Shall CSHB 20(FIN) pass the House? The roll was taken with the following result: CSHB 20(FIN) Third Reading Final Passage YEAS: 27 NAYS: 9 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kookesh, Kott, Kubina, Masek, Mulder, Phillips, Porter, Rokeberg, Sanders, Vezey, Williams Nays: Barnes, Dyson, Elton, Grussendorf, Kelly, Kemplen, Martin, Ogan, Therriault Excused: Moses, Nicholia, Ryan Absent: Kohring And so, CSHB 20(FIN) passed the House and was referred to the Chief Clerk for engrossment. 1997-02-18 House Journal Page 0384 SENATE BILLS IN THIRD READING SB 74 The following, which had been held in third reading to today's calendar (page 375), 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 presence of Representatives Moses and Kohring was noted. Representative Grussendorf moved and asked unanimous consent that the question be divided to consider sections 1(a) and 1(b) separately. Objection was heard. The Speaker ruled that the question was divisible. The question being: Shall the question be divided? The roll was taken with the following result: CSSB 74(FIN) am H Third Reading Division of the Question YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses Nays: Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Excused: Nicholia, Ryan And so, the motion failed. Representative Barnes rose to a point of order regarding confining remarks to the bill before the body. 1997-02-18 House Journal Page 0385 SB 74 The Speaker cautioned the member to proceed in order. The question being: Shall CSSB 74(FIN) am H pass the House? The roll was taken with the following result: CSSB 74(FIN) am H Third Reading Final Passage YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Nays: Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses Excused: Nicholia, Ryan And so, CSSB 74(FIN) am H passed the House. Representative Porter moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 74(FIN) am H Third Reading Effective Date YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses 1997-02-18 House Journal Page 0386 SB 74 Excused: Nicholia, Ryan And so, the effective date clause was adopted. Representative Kubina moved and asked unanimous consent that the House adopt the following letter of intent: It is the intent of the legislature that the monies to be expended in this appropriation first be directed to the states efforts to obtain Supreme Court review of the Ninth Circuits decision in Venetie v. State of Alaska and, if granted review, to argue the case before the Supreme Court. No monies are to be spent on other activities before these legal avenues have been exhausted. It is further the intent of the legislature that should funds be available after conclusion of the states legal challenge in the Venetie case, that the Administration, the Congressional Delegation, as well as members of the Legislature be consulted in the pursuit of other activities related to this issue. Any further actions funded by this appropriation should involve all interested Alaskans and take into account the full range of perspectives on this complex issue. Representative Porter objected. Representative Kubina moved and asked unanimous consent to withdraw the letter of intent. There being no objection, it was so ordered. CSSB 74(FIN) am H was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1997-02-18 House Journal Page 0387 Honoring - Doug and Edith Weathers, Vision Award, 1996 North Peninsula Chamber of Commerce By Representatives Hodgins, Phillips, Davis, Berkowitz, Elton, Green, Grussendorf, Ivan, James, Kemplen, Kott, Kubina, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward Honoring - Redoubt Homemakers, Community Service Award, 1996 North Peninsula Chamber of Commerce By Representatives Hodgins, Phillips, Davis, Berkowitz, Elton, Green, Grussendorf, Ivan, James, Kemplen, Kott, Kubina, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward Honoring - Unocal Corporation's Kenai Facility, 1996 Industry Award, North Peninsula Chamber of Commerce By Representatives Hodgins, Phillips, Davis, Berkowitz, Bunde, Elton, Green, Grussendorf, Hanley, Ivan, James, Kemplen, Kohring, Kott, Kubina, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward Honoring - Bill White, 1996 President's Award, North Peninsula Chamber of Commerce By Representatives Hodgins, Phillips, Davis, Austerman, Berkowitz, Elton, Green, Grussendorf, Ivan, James, Kemplen, Kott, Kubina, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward 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 Mulder - from 6:25 a.m., plane time, February 28 to 9:53 p.m., plane time, February 28, 1997 Representative Berkowitz - from 1:22 p.m., plane time, March 27 to 1:40 p.m., plane time, March 31, 1997 1997-02-18 House Journal Page 0388 Representative Williams - from 6:00 a.m., plane time, February 21 to 10:03 p.m., plane time, February 23, 1997 HJR 23 Representative Ivan added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 23 Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service. HB 63 Representative Brice added his name as cosponsor to: HOUSE BILL NO. 63 An Act extending the motor fuel tax exemption for fuel sold for use in jet propulsion aircraft to fuel used in those aircraft for flights that continue from a foreign country; and providing for an effective date. SB 1 Representative Cowdery 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. ENGROSSMENT HB 20 CSHB 20(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1997-02-18 House Journal Page 0389 SB 74 CSSB 74(FIN) am H 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: Resources Committee 1:00 p.m., 2/18 meeting HB 128 RESCHEDULED TO: 1:00 p.m., 2/20 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 19, 1997. There being no objection, the House adjourned at 12:31 p.m. Suzi Lowell Chief Clerk